Appeals Attorney in Fairfax
Virginia Criminal Appeals Counsel Since 1982: Free Consultation
A conviction or harsh sentence doesn’t have to be the final word. At Lawrence, Smith & Gardner, we help people in Fairfax and the surrounding area evaluate whether an appeal is viable and what the process involves. Working with a Fairfax criminal defense lawyer who knows the appellate system can make a significant difference when deadlines are tight and the stakes are high.
Our firm has represented clients in Virginia criminal courts since 1982, in both state and federal proceedings. We use a team approach on every matter: at least two attorneys and support staff collaborate on each case, reviewing the record together so no arguable issue is missed. Your initial consultation is free, with no obligation to move forward after that conversation.
To speak with an appeals attorney about your situation, call (703) 382-5840 or contact our firm to schedule your free consultation.
Understanding the Criminal Appeals Process
Many people are surprised to learn that a criminal appeal isn’t a second trial. An appellate court reviews what occurred in the trial court and decides whether the law was applied correctly. The focus is on the record that already exists, not on new witnesses or new evidence.
The process begins with a notice of appeal. Under Virginia Code § 8.01-675.3, that notice must generally be filed within 30 days of final judgment or conviction for cases headed to the Virginia Court of Appeals. The exact deadline depends on the case’s procedural posture, so confirming the applicable date with an attorney promptly after sentencing is essential. Missing the deadline can eliminate appellate options entirely.
Once a notice is filed, transcripts and other parts of the trial record are prepared for review. Written briefs follow, explaining the legal issues, citing specific portions of the record, and outlining the relief requested. In some cases, the court schedules oral argument. In others, it decides on the written record alone.
The possible outcomes vary. The appellate court may affirm the conviction or sentence, reverse the decision, send the case back to the trial court for further proceedings, or adjust part of the sentence. What result is possible depends on the issues raised and the court’s analysis of the law and the record.
Taking prompt steps after sentencing helps protect your options.
Immediate steps to consider after a conviction or sentence:
- Request copies of the sentencing order and any written plea agreements for your records.
- Write down your recollection of what happened at key points in the trial or hearing.
- Avoid discussing case details on social media or with people who don’t need to know.
- Contact an appeals lawyer in Fairfax to review deadlines and possible grounds.
How Our Team Evaluates & Works Your Appeal
Appeals differ from trials in a fundamental way. Rather than presenting new evidence, the work centers on whether legal errors occurred in the existing record. That distinction shapes how we approach every matter we review.
When you bring us your case, at least two attorneys examine the full trial record together, going through transcripts, rulings, and motions to identify potential appellate issues. Collaborative review reduces the risk that an arguable point is overlooked. We conduct detailed legal research before preparing written briefs tailored to the specific issues in your case, whether those issues arise from an assault and battery matter, a drug charges case, a DUI proceeding, or a violent crimes conviction.
Communication is a priority throughout the process. Appeals take time, and we make sure you understand each stage: from filing deadlines to briefing schedules to what you can realistically expect at each step. You won’t be left guessing where things stand.
Appeals from Fairfax Circuit Court
Most criminal cases that lead to appeals in this area begin in Fairfax Circuit Court. Criminal appeals from that court typically proceed to the Virginia Court of Appeals as the intermediate appellate court, with potential further review at the Supreme Court of Virginia, depending on the issues involved.
How issues are raised and preserved at the trial level in Fairfax Circuit Court often determines whether they can be addressed on appeal. Our firm is based in Fairfax and has worked in these courts at both the trial and appellate levels for decades. That local familiarity informs how we read a trial record and how we assess which arguments are worth making to a Virginia appellate court.
Being locally based also means we can meet face to face with clients and families, reviewing paperwork together, explaining court notices as they arrive, and walking through each upcoming step in plain language. Appeals operate on firm court-scheduling timelines, and we help you understand what to expect while a matter is pending so the process feels less uncertain.
Frequently Asked Questions
How Much Time Do I Have to Appeal My Case?
For most criminal cases appealed to the Virginia Court of Appeals, a notice of appeal must be filed within 30 days of final judgment or conviction under Virginia Code § 8.01-675.3. The exact deadline depends on your case’s procedural posture. Contact us as soon as possible after sentencing so we can identify which dates apply.
Can Your Team Review My Trial for Appeal Issues?
Yes. When you contact us about an appeal, at least two attorneys review available transcripts, motions, and orders to identify potential issues. We then discuss our assessment with you so you can decide how to proceed.
Will My Appeal Give Me a New Trial in Fairfax?
Not automatically. The appellate court reviews the existing record for legal error. If it finds a significant problem, it may send the case back to the trial court or provide other relief, depending on the circumstances. A new trial is one possible outcome, but not the only one.
Do I Have to Use the Same Lawyer I Had at Trial?
No. You’re free to choose different counsel for the appellate phase. Our firm regularly reviews cases after another attorney handled the trial, and a fresh set of eyes on the record can surface issues that weren’t fully developed below.
How Do You Charge for Handling an Appeal?
We start with a free consultation to discuss your case and answer initial questions. If you decide to hire us, we explain the fee structure before any work begins. Costs vary depending on factors such as record length and the complexity of the issues involved.
Discuss Your Appeal With Our Team
Deciding whether to appeal after a conviction or difficult sentence raises real questions about timeline, cost, and realistic outcomes. Our team reviews what happened, explains the appellate process, and gives you a clear picture of what pursuing an appeal would involve in your situation.
At Lawrence, Smith & Gardner, we bring decades of Virginia courtroom experience and a collaborative multi-attorney review model to every potential appeal we evaluate. There’s no obligation after the initial consultation. Call (703) 382-5840 or contact Lawrence, Smith & Gardner to schedule your free consultation and discuss the next step.
Hear From Our Happy Clients
At Lawrence, Smith & Gardner, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Your efforts on my behalf went beyond what I ever imagined possible.”- Previous Client
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The most caring lawyers. will adhere to your needs, Best in the game legal wise. Genuine team and service- Previous Client
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“- Previous Client
We are deeply appreciative of his efforts and would highly recommend him to anyone in need of exceptional legal representation.
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Dear Mr. Brillantine and Mr. Smith,- Previous Client
Thank you so much for your time and effort in the past several weeks. I am forever grateful for your help! Thank you. -
Dear Mr. Smith,- Previous Client
I just wanted to drop you a note to express my thanks and appreciation for your professional and courteous help and service. The efficient way you and your staff handled my case, resulted in less anxiety for me. -
Dear Mr. Smith,- Previous Client
We just want to thank you for all your help in our son’s recent traffic case. Things were looking extremely bleak. However, thanks to your knowledge of the law, persistence, ability to talk to people, hard work and grace … What a relief it has been. We also appreciate the courtesy and professionalism of your wonderful staff. -
Dear Ron,- Previous Client
I am consumed with awe for your legal maneuvering to assist me in court yesterday. Thank you for making it possible for me to continue with my life. -
To Ron Smith,- Previous Client
I just wanted to extend my gratitude to you for representing me earlier this month when I went back to court to obtain my restricted license. I appreciate the courtesy and professionalism from you and your staff and under no circumstances hope to ever need your services for a serious matter like that again.
Grounds for a Criminal Appeal in Virginia
Not every unfavorable verdict supports an appeal. Appellate review is based on legal error in the trial proceedings, not simply disagreement with the outcome. Before advising a client to pursue an appeal, we review the trial record to determine whether a viable ground exists. That threshold question is often the most important one.
Virginia appellate courts may consider review when a party identifies a legitimate error in how the trial court handled the case. Common grounds include the following categories.
Judicial Error
Incorrect legal rulings by the trial court, such as misapplying the law, excluding admissible evidence, or allowing evidence that should have been kept out.
Constitutional Violations
Violations of a defendant’s constitutional rights, including unlawful searches and seizures, denial of due process, or other protections guaranteed under the U.S. and Virginia constitutions.
Ineffective Assistance of Counsel
A claim that trial counsel’s performance fell below an objective standard of reasonableness and that the deficiency materially harmed the defense. This ground is subject to a demanding legal standard.
Improper Jury Instructions
Instructions that misstated the law or omitted required elements, potentially leading the jury to apply the wrong standard in reaching its verdict.
Evidentiary Errors
Wrongful admission or exclusion of evidence that may have affected the outcome of the trial.
Sentencing Errors
Mistakes in calculating or imposing a sentence, including errors in applying sentencing guidelines or statutory requirements.
One important procedural limitation: issues generally must have been raised and preserved at the trial level to be reviewable on appeal. If an objection wasn’t made at the right time, the appellate court may decline to consider it. That’s one reason early review of the trial record matters. Our attorneys examine what was raised, how it was preserved, and whether the record supports a viable appellate argument before recommending a path forward.
What Sets Us Apart
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An Accessible Team With Direct Communication
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Free Initial Consultations for All Clients
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Numerous Positive Reviews from Our Clients
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A Diligent Approach to Each Case
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More Than 40 Years Serving Our Community
