Plain-Language Summary

Virginia law allows a defendant to cross appeal when the Commonwealth appeals a case, but the defendant has no independent right to appeal. If the defendant wishes to cross appeal, they must do so within seven days in pretrial cases, and counsel will be appointed if the defendant is indigent. Cross appeals' briefs are consolidated with the defendant's brief as appellee.

Frequently Asked Questions

No, in Virginia, a defendant does not have an independent right to appeal unless the Commonwealth appeals the case.

The defendant must file a notice of cross appeal within seven days after the Commonwealth files its notice of appeal in pretrial cases.

Yes, if the defendant is indigent, the court shall appoint counsel to represent them on appeal.

Yes, any brief on cross appeal shall be consolidated with the defendant's brief as appellee, if applicable.