Appeals

Our nation’s legal system relies on adversary – two sides zealously argue their positions against each other to give the judge or jury the best opportunity to make the correct decision. Unfortunately, the very nature of our legal system means that at the end of a case, one side wins and the other side loses. If you’re on the losing side, you may believe you have no other option than to pay a judgment, or serve your jail time. But you may have a better option – appeal to a higher court! At Inman & Strickler, our appellate attorneys can help you turn a loss into a win. Contact one of us now to discuss your options.

Many civil cases in controversy of $50,000 or less originate in general district court, just as many custody cases originate in juvenile and domestic relations court. If you came out on the losing side of one of these cases, you have the legal right to appeal your decision and retry your case with a fresh start in circuit court. In order to exercise this right, you must appeal your case within 30 days of your decision. Considering time is of the essence, don’t waste your time deciding if you want to pursue an appeal on your own, contact one of our attorneys as soon as possible to discuss your options for getting a clean slate in circuit court.

Until recently, Virginia only provided a legal right to an appeal for criminal, divorce and workers compensation cases. Luckily, as of January 1, 2022, all litigants have a legal right to appeal to the Virginia Court of Appeals regardless of the subject matter of their case. However, unlike general district court appeals, you do not have a right to a new trial. In appellate court, you must assert that the trial court made an error of law. To make matters more complicated, you can only allege errors of law made on points that you or your attorney argued. This is known as preserving your objections.

Due to the complex nature of appeals, you need to be careful to make sure you are represented by a skilled attorney in trial court. You should always let your attorney know that you may considering appealing your case if it does not end in your favor. If you have a case you know is proceeding to trial without settlement – choose your attorney wisely. Our civil litigators are accomplished at jury trials as well as bench trials and can help you win your trial outright. We can also ensure that you preserve your objections in case you do not achieve a favorable verdict.

If you have received an unfavorable decision after trial, you have a limited time to note your appeal to the next level. Our appellate attorneys are adept at helping you chose the most likely assignments of error to win on appeal. We can work with you to create a winning strategy that fits your needs. Don’t hesitate to contact us now for a consultation.

With an automatic right of appeal to the Virginia Court of Appeals, most litigants will never have a need to pursue an appeal with the Virginia Supreme Court. However, if you won at trial, but lost in your appeal to the Court of Appeals, you may want to pursue having the Virginia Supreme Court review your case. Unfortunately, for most cases, you do not have an automatic right to such an appeal. Instead, you must petition the Virginia Supreme Court to grant you permission to appeal your case. Our appellate attorneys excel at framing Supreme Court petitions to bolster your best chance at getting the right to appeal.

Once granted, we specialize in tirelessly considering your best legal arguments to help get your bad decision reversed. Contact us today to schedule a consultation on your appeal.

Please contact our firm immediately to meet with a skilled and experienced lawyer today. Our attorneys are always willing to help with your legal issue, no matter how big or how small.

Call us at: 757-486-7055 or email us at info@inmanstrickler.com