Appealing a Hampton Roads Fraud Case

A conviction for fraud could have a serious impact on a person’s life, including their financial stability and personal livelihood. As such, there are numerous reasons why appealing a Hampton Roads fraud case might beneficial for an accused individual. For example, if an individual is innocent and wrongly convicted, or if the offender’s attorney believes the law was used improperly, they may elect to appeal their case.

If you are looking to appeal a charge, it could be crucial to enlist the help of a skilled lawyer. A dedicated attorney could help you to better understand the law, as well as the ins and outs of appealing your claim.

Things to Consider Before Making an Appeal

Appeals for fraud convictions in Virginia are not granted very often, because the appeal standard is very high and because Appeals judges are hesitant to reverse a felony conviction for fraud. Essentially, for a successful appeal, it has to be shown that there was a clear error made by the court.

When filing an appeal for their case, a person needs to consider the sentence they received in the lower court and also the likelihood of success when appealing. They must then think about the time, cost, and energy that would go into filing the appeal, which is something they could discuss with a knowledgeable lawyer. A diligent attorney could determine whether a case has merit, as well as the likelihood of successfully appealing a specific fraud case in Hampton Roads.

What is the Appeal Process?

The fraud appeal process starts once an appeal is noted. A transcript is ordered and sent to the circuit court for review, which then goes to the Court of Appeals. An appellant attorney would then write a petition, asking the Court of Appeals in Virginia to review the case and stating the error they believe was made. Then, the government might write a rebuttal, indicating why there was no error committed or why the error would not have changed the outcome.

At that point, the Court of Appeals could dismiss or grant the petition, subsequently setting the appeal to be heard. If this is the case, the person would then write an appeal brief where they outline their position and the details of their case. The government, once again, has an opportunity to respond.

There may also be oral arguments made before the Court of Appeals. After that, the Court of Appeals will make their decision. From there, either side may choose to appeal that to the Supreme Court of Virginia or to accept the result.

How an Attorney Could Help with Appealing a Hampton Roads Fraud Charge

If you were wrongfully charged with criminal deception, you have legal options and might benefit from contacting a seasoned lawyer to discuss the potential for appealing a Hampton Roads fraud case. Depending on the circumstances of your case, an attorney could work to demonstrate that a mistake was made in applying the law, and that this mistake directly impacted the outcome of your case.

Before this, a well-versed legal professional could review your case, assess any potential concerns, and provide you with honest legal advice regarding your specific situation. To get started, call today.