Appeals Often Help, But Can Also Hurt
by David A. Cardon, Esquire

Dear Mr. Cardon,
I was recently convicted in the Virginia Beach General District Court for reckless driving. The judge gave me a ninety (90) day jail sentence and suspended all the jail time on condition of my good behavior for one year. The judge also ordered me to pay a fine of $250 and suspended my driver’s license for thirty (30) days. I want to appeal this decision. Can you tell me the procedure? Do I have to pay anything now? Is my license to drive still suspended for thirty (30) days? What can I expect in the upper level court?

For any case tried in a Virginia General District Court, you have the automatic right to appeal the judge’s decision to the Circuit Court. There are differences in the procedure for appealing the case, depending on the specific court in which your case is heard.

Traffic/Criminal court appeals - If you want to appeal a case from a Virginia General District Traffic or Criminal Court, you simply need to go to the General District Traffic or Criminal Clerk’s office and note your appeal within ten (10) days of your trial. To note your appeal, you will be given a form to fill out and sign. The form will specify the date the case will be heard in the Circuit Court. Whatever the judge ordered you to do when he or she ruled on your case will be suspended until your case is heard in the Circuit Court. For example, if the judge ordered that your license be suspended, it will not be suspended while your case is on appeal. Also, you will not have to pay any fines or court costs while your case is on appeal. more>>

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