virginia what can commonwealth attorney appeal

Why is it important to have an appeal lawyer in VA?

Importance of a VA Appeals Lawyer. It is really important to know how different courts will deal with filing the appeal, so it is important to find an attorney that knows the court system. In criminal and traffic cases, either you or your attorney can sign the notice of appeal, but when you get to the Circuit Court level, ...

What to consider when appealing from Circuit Court?

When you are appealing from General District Court up to Circuit Court, the most important consideration that you should make is whether or not to have a bench trial or a jury trial. Your appeals attorney in Virginia can explain to you what the risks and what the benefits are of each, but in Virginia, it is important to remember that not only does the jury decide guilt or innocence in your case, but the jury is also able to set the sentence in your case. You should have a talk with your attorney if you are considering appealing about the benefits and the risks associated with a jury trial as opposed to a bench trial in front of a judge.

What is the precedence of an appeal to the Court of Appeals?

An appeal of the case to the Court of Appeals shall take precedence on the docket of the Court. E. Where an appeal is taken by an adult on a finding of guilty of an offense within the jurisdiction of the juvenile and domestic relations district court, the appeal shall be dealt with in all respects as is an appeal from a general district court ...

Where is an appeal taken from a juvenile court?

In any case which has been referred or transferred from a circuit court to a juvenile court and an appeal is taken from an order or judgment of the juvenile court, the appeal shall be taken to the circuit court in the same locality as the juvenile court to which the case had been referred or transferred.

How long does it take to hear a juvenile appeal?

Where an appeal is taken by a juvenile on a finding that he is delinquent and on a disposition pursuant to § 16.1-278.8 and the juvenile is in a secure facility pending the appeal, the circuit court, when practicable, shall hold a hearing on the merits of the case within 45 days of the filing of the appeal.

How long does it take to appeal a juvenile court order?

From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within 10 days from the entry of a final judgment, order or conviction and shall be heard de novo. However, in a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment. Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.

When an appeal is taken in a case involving termination of parental rights brought under 16.1-283, what

When an appeal is taken in a case involving termination of parental rights brought under § 16.1-283, the circuit court shall hold a hearing on the merits of the case within 90 days of the perfecting of the appeal. An appeal of the case to the Court of Appeals shall take precedence on the docket of the Court. E.

Do you need an appeal bond for a juvenile court?

No appeal bond shall be required of a party appealing from an order of a juvenile and domestic relations district court except for that portion of any order or judgment establishing a support arrearage or suspending payment of support during pendency of an appeal.