5.10 Decision to Appeal

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

5.10 DECISION TO APPEAL

A defendant who has been convicted of a misdemeanor in the general district court has a right to note an appeal to the circuit court within 10 days. ¹¹⁹³ This applies as well to a conviction resulting from a guilty plea. ¹¹⁹⁴ The same appeal is available from an order that revokes any suspension of a driver's license as in the loss of a restricted license.

Counsel should fully and candidly advise clients of the worst- and best-case scenarios for an appeal in their cases. Also, unless the fee agreement already details the client's obligations on appeal, counsel should discuss with the client and make arrangements for the payment of any additional fee associated with the appeal and confirm the arrangements promptly and in writing with the client.

Counsel should discuss with the client the fact that an appeal reopens the whole case including the sentence, because sometimes an appeal has draconian consequences for the client. ¹¹⁹⁵ However, there may be some situations in which an appeal should be noted for reasons other than attempting to change the outcome in district court. For...