What is an Appeal Bond in Virginia?
In Virginia, an appeal bond is a form of security posted by an appellant to ensure they will appear at future appellate court dates and abide by the court’s orders. It allows an appellant who has been sentenced to jail time to be out of jail while waiting for their appeal to be heard.
The amount of an appeal bond is dependent on the severity of the crime. It may be paid in full or partially with collateral security attached.
How Do Appeal Bonds Work?
An appeal bond ensures that all parties involved in a case fulfill their obligations. The bail bond agent posts the appeal bond to guarantee that an appellant will appear in court as scheduled and comply with any other conditions of their release. Examples of conditions of release are checking in regularly with a probation officer and maintaining a steady job.
The bond may be forfeited if the appellant fails to attend all court appearances and fulfill their other obligations. If this happens, the owner of the appeal bond can file a claim against it and recoup some or all of their money.
Understanding the Virginia Criminal Appeal Bond Process
An appeal may be filed following a final order or judgment of a court that affects any person’s rights or interests.
There are different deadlines to file an appeal in Virginia depending on the court you wish the appeal to be heard.
For an appeal in the Virginia Circuit Court, you need to file the appeal within ten days of the final judgment, order, or conviction by the District Court. For an appeal to the Court of Appeals from the Circuit Court, the appellant must file an appeal within 30 days of the final judgment.
Protective orders in family abuse cases are considered final orders that can also be appealed.
Suppose you’re appealing a juvenile court decision. In that case, the court will make available a confidential report that details the results of any investigation conducted into an appellant’s social history, personality, and the facts and circumstances surrounding the violation of the law.
This report is only available to the court and the appellant’s attorney after the court has made its findings on the issues subject to appeal. After the case is finalized, the report and copies thereof must be returned to the juvenile court.
If you’re considering filing an appeal in Virginia, it’s essential to speak with a criminal defense attorney beforehand. They can assist you in understanding the process and ensuring the best possible chance of success.
How to Post an Appeal Bond
The first step to posting an appeal bond is to consult your appeals lawyer. Your attorney can determine the fees incurred to post your bond and help you figure out the specifics of your bond payment strategy.
In most cases, you have to have the total amount of the appeal bond ready to be able to post it. If you do not have this money on hand, you may need to place a deposit so the court can get started on your case. The deposit will be refunded once your appeal is complete and you win your appeal hearing.
In some circumstances, you might work with a bail bond agent to get your appeal bond posted quicker than if you had to take the time to come up with the total amount on your own. However, this is not always practicable because some bail bond agents do not handle appeals or cases involving multiple parties.
If you can’t afford to post your appeal bond, there are other options. For example, the court may allow you to post a property bond to get your appeal started.
Organizing an appeal bond can be a long and tedious process. It can be helpful to hire an appeal lawyer in Virginia to get the guidance you need through this process.
What if You Miss the Deadline?
If you miss the deadline to file an appeal, you need to apply to the court for an extension. A panel of three judges may grant a 30-day extension if there is sufficient cause for missing the deadline.
It is recommended that you secure your right to appeal by filing such appeal within the deadline. While it is not impossible to obtain an extension, you shouldn’t expect that your application for an extension will automatically be granted.
Missing the deadline to file an appeal and needing to apply for an extension can quickly get out of hand. Consult a Virginia appellate lawyer today to help you with this process.
Steps to Filing a Notice of Appeal for Virginia Criminal Cases
If you’re appealing a court decision, you will need to lodge a Notice of Appeal and then file an appeal bond. There is a filing fee required for the Notice of Appeal; it is typically $50 or more. Then, the amount required for bond will depend on the court and your individual case.
After filing the Notice of Appeal, various other items need to be filed with the court including a transcript or Written Statement of Fact, a copy of the trial record, and a Petition of Appeal.
These are the bare minimum steps, and depending on the complexity of your case, additional items may be required. It is also important to note that there are deadlines for when each item must be filed. Working with an attorney can help you stay on top of the deadlines and make sure all of the proper documentation is provided to the court.
If you have concerns about whether you should file for an appeal or need help understanding the cost and requirements of an appeal, contact attorneys Gretchen Taylor Pousson and Matthew Kensky of Scrofano Law PC today to receive immediate help.