CARDON GOODMAN, P.C.

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.

For the Circuit Court trial, the judge will hear your case as if it were never heard by the General District Court judge. You will have an opportunity to put on whatever evidence you wish. You can even try your case in front of a jury if you so desire. Keep in mind that on appeal, the judge or jury in the Circuit Court can give you a more severe punishment than the punishment you received by the judge in the General District Court.

Civil court jurisdiction - The judge in the General District Court hears disputes between people or companies involving money. If the amount in dispute is below $3000, the lawsuit must be filed in the General District Court. If amount in dispute is between $3000 and $15,000, the person initiating the suit can file in either the General District or the Circuit Court. If the amount in dispute is over is in excess of $15,000, the lawsuit must be filed in the Circuit Court. If you file the lawsuit in the General District Court and lose the case, you can always appeal the judge’s decision to the Circuit Court. If you are sued in the General District Court, and the amount in controversy is over $3000 and you have a valid defense to the claim, you have the option to move the case to the Circuit Court automatically.

Civil Court appeals – Once the General District Court judge has heard the case, either party has the option to appeal that decision to the Circuit Court. To appeal your case from a Virginia General District Civil Court to the Circuit Court, you must note your appeal within ten (10) days. To note your appeal, you must fill out the appropriate form at the General District Civil Clerk’s office.

If you are the defendant and you lost the General District Court case, before you can appeal the case, you will have to give the clerk money or security equal to the amount of the judgment against you. This is called “perfecting” your appeal. By law, you must perfect your appeal within thirty (30) days of the date judgment was entered against you. If you fail to note your appeal within ten (10) days, or if you note your appeal within ten (10) days but fail to perfect your appeal within the thirty (30) day time period, your appeal fails and the judgment becomes final. Once you appeal a case from the General District Court, it might take months before your Circuit Court trial is heard. At the Circuit Court level, you can elect to have a jury or a judge hear your case.

DISCLAIMER: David A. Cardon is an attorney at the Virginia Beach office of Cardon and Goodman, P.C. who concentrates his legal practice in traffic, criminal, and personal injury law. Mr. Cardon provides the materials contained above as a public service and on an informational basis only. These materials are not intended to be a comprehensive statement of Virginia law, and are not intended to convey legal advice. If you have a legal problem, you should consult with an attorney in your area who can investigate the particular circumstances of your situation. You can contact David Cardon, Esquire at (757) 306-9060 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .'; document.write(''); document.write(addy_text44084); document.write('<\/a>'); //-->\n This e-mail address is being protected from spambots. You need JavaScript enabled to view it.