Appeals Attorney Fairfax County

Why Choose Our Firm For Your Criminal Appeal

When you consider a criminal appeal, you are deciding who will handle one of the most important legal efforts in your life. Our firm’s history as former prosecutors in this area gives us a practical understanding of how cases are built in Fairfax County courts. We have stood on both sides of the courtroom, and that background helps us recognize where trial strategies, rulings, or procedures may give rise to appellate issues.

Attorney John Carroll has been admitted to practice in Virginia since 1993 and previously served as a prosecutor in Fairfax County. Attorney Edward Nuttall has been admitted in Virginia since 1996 and in the District of Columbia since 2020, and he also served as an Assistant Commonwealth’s Attorney in Fairfax County. Their work has been recognized with honors such as Northern Virginia Magazine Top Lawyers, an AV Preeminent rating from Martindale Hubbell, inclusion among the Top 100 Criminal Defense Lawyers in Virginia, and repeated selection to Super Lawyers from 2018 through 2025.

These credentials matter in appellate work because appeals rely heavily on written arguments, careful legal analysis, and credibility with the courts. Our attorneys are active members of the Virginia Trial Lawyers Association and national trial organizations. For appellate clients, this means your case is reviewed by lawyers who understand how judges evaluate evidence, objections, and jury instructions, and who are prepared to present well-grounded arguments on your behalf. We also draw on experience from related criminal defense cases when evaluating trial-level errors.

Equally important, we focus on personal relationships. When we handle an appeal, our clients work directly with the attorney responsible for the case. We strive to provide straightforward communication and honest assessments so you can make informed decisions about pursuing or not pursuing an appeal.

Understanding The Criminal Appeals Process In Virginia

Many people understandably believe that an appeal is a chance to retell their story or put new evidence in front of a different judge. In Virginia, criminal appeals do not work that way. An appellate court typically reviews what happened in the trial court based on the written record, which includes transcripts, exhibits, and motions that were presented before.

In many criminal cases that begin in Fairfax County Circuit Court, the next step is an appeal to the Court of Appeals of Virginia. The process usually starts with filing a notice of appeal within a specific number of days after the final judgment or sentencing order is entered. After that, the trial record is prepared, and both sides have opportunities to submit written briefs that argue their positions on the legal issues.

Appeals focus on questions such as whether the trial judge applied the law correctly, whether important constitutional rights were honored, or whether improper evidence may have affected the verdict. The appellate court generally does not decide whether it agrees or disagrees with the jury’s findings about witness credibility. Instead, it reviews whether the law and procedures were followed.

Timelines for appeals can vary depending on the complexity of the case and the court’s schedule. It is common for a criminal appeal in Virginia to take many months from filing the notice of appeal to receiving a decision. During that time, our role is to review the record carefully, identify potential grounds for appeal, and prepare written arguments that clearly explain the legal errors we believe occurred.

What To Do After A Fairfax County Conviction Or Sentencing

After a conviction or sentencing, deadlines begin to run quickly. Courts set strict timelines for filing a notice of appeal, and missing those deadlines can limit your options.

You will typically receive a sentencing order or judgment from the Fairfax County court that handled your case. The date on that order is often critical. Gathering charging documents, plea agreements, motions, and correspondence with your trial lawyer can help us understand the history of your case efficiently.

It is wise to be cautious about acting on your own. Instead, speak with an appeals lawyer Fairfax County clients can consult to review what happened and discuss possible options. Appeals can also arise from verdicts in personal injury cases or administrative decisions involving workers’ compensation claims, depending on the circumstances.

We offer free consultations, including virtual meetings, which can be especially helpful if a loved one is incarcerated or family members live outside Northern Virginia.

How Our Appeals Lawyers Review & Build Your Case

Appeals depend on the written record of what happened in the trial court. When we evaluate a potential appeal, our first step is to obtain and review key documents such as transcripts of hearings and trial proceedings, written motions and responses, jury instructions, and the final judgment and sentencing orders. This detailed review helps us identify where legal objections were made and how the judge ruled.

As criminal appeals attorney Fairfax County counsel, we look for issues that have a legal foundation and a realistic chance of gaining the appellate court’s attention. Not every concern about a case becomes an appealable issue. For example, some matters may not have been preserved by timely objection during trial, and some decisions are left to the trial judge’s discretion. We strive to explain these distinctions in clear language so you understand which arguments may be viable.

Once we have identified potential grounds for appeal, we discuss them with you and address your questions. If you choose to move forward, our work typically involves preparing an opening brief that sets out the relevant facts from the record and explains the legal errors we believe occurred. The opposing side then usually has an opportunity to respond, and we may file a reply brief in certain situations.

In some cases, the appellate court schedules oral argument. Our attorneys have extensive courtroom experience, and our history as former prosecutors and defense lawyers helps us present arguments in a way that is focused and respectful of the court’s concerns. Throughout this process, we aim to keep you updated about key developments and what they may mean for your case.

Common Issues Raised In Criminal Appeals

Frequent Grounds For Challenging A Conviction

Every criminal case is different, but certain types of legal issues appear frequently in appeals. Understanding these categories can help you see how your own concerns might fit into the appellate framework. It is important to remember that these are general examples and that a detailed review of your specific record is necessary before drawing conclusions.

One common area involves the admission or exclusion of evidence. An appeal may focus on whether the trial court allowed evidence that should have been kept out, or kept out evidence that should have been considered, based on rules of evidence or constitutional protections. Another frequent issue involves jury instructions, which are the directions the judge gives to the jury about the law. If those instructions were incomplete or incorrect, that may raise appellate questions.

Examples Of Issues That May Arise

Appeals can also raise concerns about constitutional rights, such as the right to effective assistance of counsel or the right to confront witnesses. Some of these issues are addressed on appeal, while others may be more suited for different forms of post conviction review. Sentencing errors are another category, including situations where the sentence may not align with applicable statutes or where the court may have relied on improper information.

Our attorneys have spent many years in Fairfax County criminal courts, handling cases from both the prosecution and defense perspectives. That experience helps us recognize patterns in how certain issues arise and how appellate courts tend to view them. When we look at your case, we apply that knowledge to the specific rulings and procedures that affected your conviction or sentence.

Working With Our Firm On Your Appeal

What To Expect During A Consultation

Choosing to pursue an appeal is a significant decision, and you deserve to know what working with our firm will look like. From the beginning, we focus on open communication and realistic guidance. During your initial consultation, we listen to your account of what happened, review any documents you can provide, and outline the steps we would take to evaluate the appellate record.

Ongoing Communication & Case Management

If we move forward together, you work directly with the attorney responsible for your appeal. Our team is committed to treating clients and their families with respect and compassion, recognizing the emotional toll that a conviction or lengthy sentence can create. We aim to provide updates at key points in the process and to explain court filings and decisions in everyday language.

Appeals involve significant legal work, and it is natural to have questions about fees. While the exact structure can depend on the complexity and scope of the appeal, we strive to be clear about costs before you decide how to proceed. Our goal is to help you understand what is involved so you can weigh the potential benefits of an appeal against the time and resources it will require.

Throughout our representation, we keep our focus on protecting your rights and presenting your arguments in a manner that is professional and respectful to the courts. Our firm’s history of trial work and appellate advocacy informs how we approach each case, but we never forget that behind every file is a person and a family working through a very difficult time.

Frequently Asked Questions

How Much Time Do I Have To Appeal My Fairfax County Conviction?

In Virginia, the time to file a notice of appeal is limited, and the clock usually starts when the final judgment or sentencing order is entered. For many criminal cases from Fairfax County Circuit Court, the deadline is measured in days, not months. The exact time period can depend on the type of case and the court involved, so it is important to act quickly.

During a consultation, we review the date on your sentencing order and any post trial motions that may affect the timeline. Our attorneys then explain how the relevant deadlines apply to your situation. Because these time limits are strict, we encourage you or your family to contact us as soon as possible after a conviction or sentencing so we can give you accurate information about whether an appeal is still available.

What Is The Difference Between An Appeal & A New Trial?

An appeal is generally not a new trial. In a criminal appeal, the appellate court usually looks at the existing record from your case to decide whether legal errors occurred that justify some form of relief. The court typically does not hear new testimony, consider new evidence, or reassess the credibility of witnesses who testified at trial.

By contrast, a new trial involves presenting the case again in a trial court, with the opportunity for live witnesses and new presentations of evidence. Some appeals, if successful, can lead to a new trial, a new sentencing hearing, or other relief, but the appellate court itself does not conduct the trial. During a consultation, we explain how these differences apply to your case so you can understand what an appeal can and cannot do.

Can Your Firm Handle My Appeal If Another Lawyer Handled My Trial?

Yes, we frequently review and handle appeals in cases where a different attorney represented the client at trial. A fresh review of the record can sometimes highlight issues that may not have been the focus at the time of the original proceedings. Our role is to examine what is in the transcripts and filings, not to second guess your feelings about prior counsel.

When we take on an appeal after another lawyer has handled the trial, we typically obtain the full trial record and any relevant motions or orders. We then go through those materials carefully and discuss our findings with you. Our goal is to give you an honest assessment of potential appellate grounds and to explain how we would present those issues if you choose to move forward.

What Kinds Of Mistakes Can Be Raised In A Criminal Appeal?

Criminal appeals can address a range of legal and procedural issues. Common examples include rulings on whether certain evidence was admitted or excluded, errors in jury instructions, questions about whether the court applied the correct legal standard, and alleged violations of constitutional rights. Sentencing issues, such as whether a sentence falls within legal limits or was based on improper considerations, can also be part of an appeal.

Not every concern or frustration about how a case felt to you will qualify as an appealable error. Some matters are left to the trial court’s discretion, and some issues may not have been properly preserved through objection. As criminal appeals lawyer Fairfax County counsel, we carefully review the record to determine which issues may be raised on appeal and explain our reasoning to you so that you can understand the strengths and limits of those arguments.

Will I Have To Come Back To Court During My Appeal?

Most of the work in a criminal appeal happens on paper rather than in the courtroom. The appellate court relies heavily on written briefs filed by the attorneys on both sides. In many cases, your personal appearance is not required during the appeal, especially if you are already in custody and represented by counsel.

Some appeals include oral argument, where attorneys appear before a panel of judges to answer questions and highlight key points from the briefs. In those situations, our lawyers handle the argument and keep you informed about when it occurs and what is discussed. During your consultation, we can talk about how the appellate court that will hear your case usually handles arguments and what that might mean for you.

How Do Your Attorneys Evaluate Whether My Appeal Is Worth Pursuing?

Before recommending that you pursue an appeal, we work to understand both the facts of your case and the legal issues that may be present. Our evaluation typically starts with reviewing available documents, such as the sentencing order, trial transcripts, motions, and key rulings. We look for errors that are grounded in law and that may have affected the outcome of your case or your sentence.

Our assessment also considers whether issues were preserved by timely objections at trial and how similar issues have been treated by appellate courts. Drawing on our years of practice and our background as former prosecutors and defense attorneys, we aim to give you a candid view of your options. We then discuss the potential benefits and limits of an appeal so that you can make an informed decision about whether to proceed.

What Happens If My Criminal Appeal Is Successful?

The outcome of a successful appeal can vary depending on the type of error the appellate court finds. In some situations, the court may send the case back to the trial court for a new trial. In others, the court may order a new sentencing hearing or direct the lower court to correct a specific error. Occasionally, an appellate decision may result in a conviction being reduced or a particular count being dismissed.

It is also possible for an appellate court to affirm part of a judgment while changing another part. During our discussions with you, we explain the types of relief that may be associated with the appellate issues in your case. While we cannot promise a particular result, we can describe the range of possible outcomes that courts sometimes order when they agree that legal errors occurred.

Schedule A Free Criminal Appeal Consultation

Deciding whether to appeal a conviction or sentence that came out of a Fairfax County court is not something you should have to figure out alone. A conversation with an experienced lawyer can help you understand the deadlines, the legal standards, and the possible paths forward. Our appeals attorney Fairfax County team is here to review your situation and explain your options in straightforward language.

When you contact Carroll & Nuttall, you can schedule a free consultation, including a virtual meeting if that is more convenient for you or your family. We will review the key documents available, talk through what happened in court, and outline the steps involved if you decide to pursue an appeal. Our goal is to give you clear information so you can make the best decision for yourself or your loved one at a very challenging time.