2.10 Appeals of Misdemeanor Convictions

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2022 Ed.)

2.10 APPEALS OF MISDEMEANOR CONVICTIONS

A defendant has the right to note an appeal of any conviction by the general district court to the circuit court with 10 days of the conviction. ⁵⁹⁰ After 10 days, the right to appeal lapses, and the defendant may only ask the general district court to reconsider or rehear the case. On appeal, the defendant has a right to a trial de novo and can choose to have his or her case heard by a judge sitting without a jury or by a jury of seven citizens. ⁵⁹¹ The Commonwealth can demand a jury even if the defendant does not want one, and the court must also concur. ⁵⁹² If the general district court convicts the defendant of a lesser-included offense, then the Commonwealth is barred by the Double Jeopardy Clause from attempting to prosecute any of the original charges. ⁵⁹³

Once the appeal is noted, the general district court judgment is stayed by the appeal until the trial de novo commences, at which time the general district court judgment is nullified and jurisdiction fully vests in the circuit court. A defendant may withdraw the appeal before the trial de novo. ⁵⁹⁴ An appeal withdrawn during the original 10-day window functions as though the appeal was never noted at all, and no additional court costs are charged. ⁵⁹⁵ If an appeal is withdrawn after the 10-day window, the circuit court will issue an order...