Overview of Services
If the appellate courts have denied your final appeal of your criminal convictions, you may have other options, such as petitioning for a writ of habeas corpus or petitioning for a writ of actual innocence. Petitioning the Court of Appeals for a writ of actual innocence is rare but possible if there is new evidence in your case that exonerates you or otherwise proves your innocence.
A petition for a writ of habeas corpus is the most common. This type of petition is presented to the circuit court where you were convicted or the Supreme Court of Virginia, and the courts review your case again. There are several reasons why a court may grant relief, including ineffective assistance of trial or appellate counsel or that the original court lacked jurisdiction over your case. If the Supreme Court of Virginia refuses to grant relief, similar petitions may be filed in federal court.
At VF&N our appellate and post-conviction litigators will review the criminal trial and appellate records and advise you whether a writ is a good option for you to pursue. If filed, VF&N will be there to guide you through the complex world of post-conviction litigation, including evidentiary hearings and potential appellate litigation.