Legal Question in Criminal Law in Virginia
Criminal Appeal Filed or Not
I was led to believe that a criminal appeal was filed on behalf of my husband. An article was in the newspaper about the lawyer we retained, he (the lawyer) has been suspended due to failure to file a criminal appeal and several other complaints. I believe this happened to us, we have never heard whether the appeal was denied or approved. It has been 3 or 4 yeaars since the appeal was filed. I'm not sure at this point in time whether to file a complaint or what action if any I should take...or how to find out if the appeal was filed or not. We assumed it had been denied, but in light of the newpaper article I'm not sure anymore.
1 Answer from Attorneys
Re: Criminal Appeal Filed or Not
To determin if an appeal was filed contact the clerk of the Court of Appeals of Virginia:
(804) 371-8428. You should have the name of the Circuit Court where he was convicted. You may also check with the VA. State Bar regarding any action taken against the attorney. Your husband
may be entitled to Habeas Corpus relief, although
the time limitations have changed for that proceedure. Perhaps the Bar can tell you what has happened to other defendants he represented, or
perhaps the clerk of the court where your husband was convicted can help with that answer.
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