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Criminal Appeals

Attorney Wegman has filed dozens of appeals to the Court of Appeals and to the Supreme Court of Virginia. He has argued many of those before a three-judge panel of both appellate courts. An Appeal cannot be noted until after the sentencing and a person then has 30-days to note the appeal from the date the sentencing order was signed by the trial judge.

As of January 1, 2021, all criminal appeals in which defendants challenge their convictions are now "appeals of right." Under the "old system" the Commonwealth's Attorney represented the government at the first stage and the defendant had to file a petition for appeal to see if the Court of Appeals or Supreme Court would grant the petition.

Under the "new system" the defendant must still file a notice of appeal within 30-days of the sentencing order date, but now it is actually an Opening Brief of Appellant. In other words, petitions are a thing of the past. Now. all appeals are heard on the merits. Let Attorney Wegman review your case and help you to decide whether it is worth pursuing.

Call Attorney Wegman to discuss your appeal at 757.482.5205.