11.7 Appeals

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

11.7 APPEALS

11.701 Juvenile Appeals. The existence of a right of appeal from decisions of the juvenile court was one of the issues presented to the Supreme Court in In re Gault, ³⁵ but the Court declined to decide the issue in that case, and no subsequent decision has addressed it. Other courts have concluded, however, that the Equal Protection Clause requires that a juvenile convicted of delinquency be given the same opportunity to appeal that an adult criminal defendant has. Virginia law clearly provides that right. ³⁶

Once a decision on disposition has been made, the attorney should carefully explain to the juvenile what his or her appellate rights are and assist the juvenile in reaching an intelligent decision regarding the exercise of those rights. ³⁷ The attorney should be clear with the juvenile that he or she likely will not receive credit toward a Department of Juvenile Justice sentence for the time spent in juvenile detention during the pendency of the appeal. The time limitations for noting an appeal and the method for advising the court of an appeal should be explained with special care. The short- and long-term implications of the disposition order should be discussed even though the order might not include any loss of physical liberty. If the juvenile decides to appeal, the attorney has a duty to perfect the appeal and to pursue it with vigor and skill.

An appeal may be taken to the circuit court within 10 days of entry of a final judgment, order, or conviction...