by Faraji Rosenthall | Mar 23, 2015 | appeals
I Think the Judge Got it Wrong, What Can I Do? Everyone makes mistakes, and that includes judges. When you believe the judge has made a wrong decision in your case, you can usually appeal and have the case re-examined by a new judge or even a panel of judges. However, there are strict deadlines and procedures that you must follow in order for your case to be reviewed on appeal. Failure to follow these procedures will usually mean that you are stuck with the verdict below. The procedures vary depending on the kind of appeal. This is an area where you certainly should speak with an attorney to make sure your appeal is properly made. When Can I Appeal from the General District or Juvenile and Domestic Relations Courts A case from General District Court, usually known as GDC, or Juvenile & Domestic Relations Court, or J&DR, can be appealed to the Circuit Court of the jurisdiction in which the court appealed from is sitting. GDC and J&DR are courts “not of record” in Virginia. They are so termed because there is no record made of court proceedings as the case progresses. What this means for defendants is that when they appeal to Circuit Court, they are entitled to an entirely fresh look at their case. The Circuit Court judge will host a new trial and the appeal is often said to give the defendant “a second bite at the apple.” The defendant is also usually entitled to a jury trial in the Circuit Court, something they are never allowed in the non-record courts. However, there are some...
by Faraji Rosenthall | Mar 23, 2015 | Reckless Driving
Appealing a Reckless Driving Conviction in Fairfax County, Virginia When a local police officer writes you a ticket for reckless driving, some of the most common questions drivers have include: What happens next? Do you simply pay a fine? The driver will need to go to court, based on the date placed on the summons. In terms of the fine, this can run anywhere up to $2,500, depending on the type of reckless driving that occurred, the driver’s history, and whether there were any aggravating incidences. There may be other consequences, such as a loss of license. The actual punishment will vary depending on a number of other factors. Many people charged elect to go to court by themselves. People who appear without lawyers are sometimes surprised that the case doesn’t go there way or the judge doesn’t take into account the factors that they were expecting. If the court appearance doesn’t end in the result that the driver was hoping for, people often ask what options are available after a less than favorable ruling. Can You Appeal A Conviction? If you are convicted, or found guilty of reckless driving in Virginia, you can definitely make an appeal, you have an absolute right to do so for any reason. The clock is ticking however, as you only have a ten-day window of opportunity to do this with the court. This appeal process is applicable to just about all criminal convictions in the state of Virginia, including reckless driving. If you pled guilty, is there still a chance to make an appeal? Speak with a lawyer, you may have already...
