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thebee

Guest
What is the name of your state? virginia
My son had his day in court yesterday and was found guilty. I am not an attorney, but I really don't see how it happened, my son is 14 now, he was convicted of an internet threat a year ago, the person he threatened was his best friend, the threat was words from a rap song, not a threat at all but a joke between the 2, problem was the school got it and thats how that came to be, now, in june he got into a fight over the internet with a boy, and both were threatening each other pretty evenly, the boy said he would shoot my son, with one of his 27 guns and my son said you better kill me if not they'll find your family in a pool of your blood, not smart i know ,
the attorney that reped. my son , only got a copy of the conversation on the day of court, it was a partial conversation, and it had been altered, can I appeal this for my son, he was still on probation for the first threat, thanks for any help,
 


kat1963

Senior Member
These are minimum requirements. Your case may have other requirements. Please read all of the applicable rules and statutes. Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(10).

To petition for an appeal in a criminal case from a circuit court to the Court of Appeals, the appealing party or attorney must:

File a Notice of Appeal. Rule 5A:6.*
Due 30 days after entry of the judgment appealed.
Original filed in clerk's office of trial court, VA.Code 17-116.05:2(A)
Copy filed in clerk's office of Court of Appeals, accompanied by $25 filing fee, see VA.
14.1-120.1(A) and Rule 5A:6(c), payable in cash or by check or money order made
payable to Court of Appeals of Virginia. One who has been determined by the trial court to be
indigent or who is represented by appointed counsel is excused from paying the fees.
Forms for notice of appeal and required certificate appear after Rule 5A:6.

File transcript or statement of facts. Rule 5A:8.
Transcript due 60 days after entry of judgment appealed. (Extensions only by the Court of
Appeals of Virginia. Rule 5A:3(b), 5A:8(a); see also Jordan v. Price, 3 Va. App. 672, 353
S.E.2d 168 (1987).)
Filed in clerk's office of trial court.
Must sent opposing counsel notice that transcript has been filed within 5 days. Statement of Facts (in lieu of transcript) due 55 days after entry of judgment appealed. See
Rule 5A:8 for additional requirements.

Clerk of trial court then sends trial court record to Court of Appeals. Clerk of Court of Appeals
notifies parties stating date on which record was filed. Rules 5A:12(a), 5A:19(b)(1).

File petition for appeal.
Rule 5A:12.Due 40 days after trial court record filed.
Filed in clerk's office of Court of Appeals.
Original plus three copies required.
Appellant must indicate whether oral argument before a panel of judges is requested.

After the petition for appeal is filed, the Commonwealth's Attorney may file a brief in opposition. If oral argument before a panel of three judges is requested, the appellant will be notified of the time and place for argument. (The appellee is not entitled to be heard.) Otherwise, appellant will likely not hear anything from the Court until the petition has been decided. Notification of the disposition of the case is always in writing. If the appeal is granted, further steps must be taken to pursue the appeal:


File appendix and opening brief. Rules 5A:19, 20 and 25.
Due 40 days after the certificate of appeal. Filed in clerk's office of Court of Appeals.
Seven copies must be filed; three copies must be sent to opposing counsel.
Contact Court of Appeals for cover and binding requirements.


Appellee's brief is due 25 days after the opening brief is filed.

Oral argument is automatically scheduled on appeals unless counsel sends written notification that
Counsel waives the hearing, Rule 5A:28, or the Court summarily affirms the trial court, Rule
5A:27.
These are minimum requirements. Your case may have other requirements. Please read all of the applicable rules and statutes. Copies of all documents filed must be sent to opposing counsel. Rule 5A:1(10).

*Rules of the Supreme Court of Virginia, published in volume 11, Code of Virginia Annotated.

Court of Appeals of Virginia


Appeals aren't easy as you can see, it's best left to an attorney, if there is even a reason to appeal. Not liking the judges decision isn't one of them. Call the VA bar & hire the best!

I'm sorry this happened to your son. But he already knew the trouble he would be in because it happened before. I highly suggest you move from the area. I can see him being easily baited into more situations like this.

KAT
 
T

thebee

Guest
Thank you Kat, yes it looks like a lot, I just hate the fact that he has a felony on him, , I really don't believe he was represented properly, . I had requested a copy of the conversation a month before court, his attorney never delievered. He himself never read it untill that day. My sons attorney was due in another court in a different county at 11 am , it was 20 till before we were heard and 12 noon before we left, I get a feeling he was just like,, whatever, let me out of here,
 

racer72

Senior Member
Sound like you used a court appointed attorney. As they say, you get what you pay for. You and your son would have done much better if you had hired an attorney.
 
T

thebee

Guest
you are correct, but don't they have a responsibility to represent each client to the best of their ability? it just makes me sick
 

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