Appealing a Colonial Heights Fraud Case
Facing criminal charges is a stressful time for everyone involved, especially for people who know they did nothing wrong. Unfortunately, about 50 percent of the people charged with fraud are innocent, and some of them may be convicted at their first trial.
If you or a loved one was convicted of fraud, you may have a second chance to win in court. Appealing a Colonial Heights fraud case could be a way to have your conviction overturned. Consult with an experienced appeals attorney to discuss your options.
When Can Fraud Convictions be Appealed?
A person gets one fraud charge appeal at each of the two court levels in Virginia, the general district and the circuit court. The likelihood of a person being granted an appeal of a fraud conviction depends on whether the person is appealing from the general district court or from the circuit court level. Under Virginia code, they have an automatic right to appeal from the general district to the circuit. Appeals from the circuit court level are not automatic, however, and require a finding of a harmful error in the court proceeding. This is a high standard to reach.
Considerations Before Appealing
In filing an appeal of a fraud case from the general district court to the circuit court, a person should consider their culpability, the act that led to them being found guilty, and the result in the general district court. While a person has the automatic right to appeal, that does not necessarily mean they should do so. Some people choose not to file an appeal because they are afraid matters could get worse if their appeal is granted and they lose at the higher level. It is possible for a new judge or jury to reach a harsher verdict than the original.
When determining whether or not to appeal a fraud conviction, it can be helpful to consult with a local attorney. An attorney could provide advice on the potential outcomes of an appeal and help someone make a decision they are comfortable with.
Role of a Fraud Appeals Lawyer
The role of a fraud appeals lawyer is to use the rules of evidence in making an appeal. That means applying the facts established at the general district court level to the appeal. A lot of facts will have been gleaned at the lower court level, and the lawyer can prepare their client and successfully argue in front of a jury as opposed to a trial by judge.
It is important to hire an attorney who has experience appealing a Colonial Heights fraud case because an appeal is a person’s last chance to get it right. An attorney who understands that could do everything within their power to make sure that everything is done to the person’s liking.
Working With a Committed Appeals Attorney
If you were found guilty of fraud during your first trial, you may feel your future is hopeless. However, with the help of a local lawyer, you could have a second chance. Under the right circumstances, appealing a Colonial Heights fraud case could be a good option.
If you need assistance with a fraud appeal, consult with an experienced Colonial Heights fraud attorney. With a lawyer by your side, there is a chance your original fraud conviction could be overturned.
