Fairfax Misdemeanor Appeals
As a Fairfax criminal lawyer, I often receive calls from people asking, “What can I do if I missed my court date?” or “What can I do if I went to court without a lawyer and got a bad result?” The first thing an experienced lawyer will do is to review the file and see what happened in court. In many cases, the judge will find people guilty after trying them in their absence. If that happened to you, an experienced Fairfax criminal lawyer knows there are still options available to try to improve the case result.
In Fairfax, anyone convicted of any crime or traffic offense has a right to appeal. Even if you were present in court, you can appeal if you are unhappy with the original result. That appeal must be filed in writing within 10 daysof the conviction. Those are 10 calendar days, not business days. When you file your appeal, you will get a new trial on a new date. It will take place in Circuit Court and you will get a new judge.
If you are considering filing an appeal, you should talk to a lawyer first. An appeal can be a great tactic to improve your case result. However, it is a very complicated procedure that requires a familiarity with the law and court procedures.
An appeal is a brand-new trial. The initial trial will have no bearing on what happens in the new trial. The appeal can go better or worse than the earlier case. Appeals may result in higher fines and even in jail time. Additionally, the Circuit Court is a much more formal court than the General District Court. Judges often require defendants to know how a court works, and frequently don’t treat them differently simply because they are not lawyers.
Faraji Rosenthall has handled hundreds of Fairfax appeal cases. We will tell you upfront whether an appeal makes sense. We will also guide you through the process and work towards a better result than your original trial, if at all possible.
If you are considering filing a Fairfax appeal, please call us to discuss your case and options.
