If a defendant in a criminal prosecution is found guilty, the defendant can appeal the conviction (finding of guilt) or the sentence (punishment such as jail or prison, restitution, community service, probation, etc.). An appeal is not another trial—it is an opportunity to raise specific errors that might have occurred at trial. For example, a convicted defendant might claim on appeal that the judge made an incorrect ruling on an important question such as whether to exclude or suppress certain evidence, or whether to impose a certain sentence or punishment.

Appeals are complex processes and generally require the expertise of a licensed lawyer. On appeal a conviction may be reversed, a sentence may be altered, or the case may be sent back to the trial court for a new trial or a new sentence.

There are generally two potential levels of appellate review following a defendant’s conviction in a state court or federal trial court—an intermediate court (often called the court of appeals) and the highest court, or court of last resort (often the supreme court). Although a defendant usually has an automatic right to appeal a final conviction to the intermediate court of appeals, in many jurisdictions the highest court has discretion on whether to accept an appeal to review a case—known as discretionary review.

In Virginia, a defendant who has been found guilty in a criminal prosecution has the right to appeal the conviction or the sentence. The appeal process is not a retrial but an examination of potential legal errors made during the trial. For instance, a defendant may argue that the trial judge incorrectly ruled on the admissibility of evidence or imposed an improper sentence. Appeals are intricate and typically necessitate the representation by an attorney. Through an appeal, a conviction can be overturned, a sentence changed, or the case may be remanded for a new trial or sentencing. Virginia has a two-tier appellate system, consisting of the Court of Appeals as the intermediate appellate court and the Supreme Court of Virginia as the court of last resort. While defendants have an automatic right to appeal to the Court of Appeals, the Supreme Court of Virginia exercises discretionary review and may choose whether or not to hear an appeal.