Appeals Lawyer In Manassas & Fairfax, VA

An appeal is a request for a higher court to review and change the ruling of a lower court. In Virginia, when a general district court makes a decision in a civil case, there exists an absolute right to appeal the court's decision to a circuit court. In cases heard by circuit court, there may be an option to appeal to either the Virginia Court of Appeals or the Virginia Supreme Court. Not all cases are eligible for an appeal. The nature of the case and the court in which the case was originally heard determine whether or not an appeal is possible. The Office of Craig A. Brown, PLLC has significant experience in the appeals process for many different types of cases, including:

• Civil cases appealed to the Court of Appeals of Virginia or Virginia Supreme Court
• Workers' Compensation decisions appealed to the Court of Appeals of Virginia and the Virginia Supreme Court
• Social Security Disability cases

The appeals process varies from state to state. In Virginia, you must have a specific reason for requesting an appeal to the Court of Appeals or Virginia Supreme Court. A case cannot be appealed simply because one side is upset with the outcome. Appeals must be based on a specific error that occurred during the trial.

Appeals can be difficult and complex. It is important to recognize any and all problems with your case and to present the court with a compelling argument.

Once you and your lawyer have done so, the process must be started somewhat quickly after the initial verdict, as the statute of limitations, or time limit, for filing an appeal limited. In Virginia, the appeal goes through an extensive process. Civil appeals can take more than a year to complete.

Appeals are unique. They can be problematic, complicated, and time-consuming. It is important to discuss your case with a well-informed lawyer to ensure you fully understand the goals and potentials of your appeal. They are different from other legal skills because:

• They are not a re-trial of your first case. Appeals request a higher court to review the case to determine if the outcome was fair-minded. The higher court can uphold the previous ruling, vacate the ruling as if it did not occur, or reverse the ruling.
• They are based almost solely on legal arguments by your lawyer. Your lawyer will submit written and oral arguments on your behalf to make a case for an appeal based on the legal issues and facts of the case. Typically, appeals are based solely on the record from the court below; a party may not submit new evidence on appeal. The appellate court decides if the matter was handled appropriately by the lower tribunal.
• They are known for reverence to the lower courts. Higher courts are not enthusiastic to change the ruling of a lower court. Furthermore, statutes governing their jurisdiction are often designed to limit the types of errors for which an appellate court can step in and change an outcome. Arguments for an appeal must show conclusive evidence as to why the lower court's ruling should be reversed.

Effective appellate advocacy begins by closely reviewing the case record to ensure that an appeal has the best possibility for success. Mr. Brown will explore every avenue to gain appellate success. He has extensive appeals experience and a commitment to offering clients experienced and creative legal solutions. He is ready to fight on your behalf. While appellate cases are not easy, he is dedicated to helping clients meet their goals. He can provide appellate representation in the following courts:

• Virginia Court of Appeals
• Virginia Supreme Court
• Federal Courts of Appeal in limited instances