Skip to main content

In an appeal and your 4 amendment rights has been violated, how do you go about handling it ?

Newport News, VA |
Attorney answers 3


You need to have a private consultation with an attorney experienced in criminal defense and appeals. Generally speaking, if an issue is not raised at trial then it cannot be reviewed on appeal. You need to get the transcript from the proceedings and have an attorney review it.

For more information on me, go to Please remember that if you find an answer particularly helpful, please mark it as helpful or "best answer" so that the attorneys who volunteer their time to answer these questions have feedback. This answer is only for informational purposes, is not legal advice, and does not create an attorney-client relationship. Every case is different and must be judged on its own unique facts.

Terry David Horner

Terry David Horner


Perhaps your lawyer determined there was no genuine 4th amendment issue. As a layperson, your perspective on what is a viable defense may vary from a lawyer's.


Well, how you go about an appeal depends on the court where the original case was heard. If it was a misdemeanor in district court, then you can appeal within 10 days to the circuit court. This allows you to have a new trial. If you waited too long, you could ask a lawyer to help you with a motion to reopen, but it is better in most cases to pursue the appeal, if possible. If the case was in circuit court to begin with, you will need to appeal to a higher court. Ask an experienced criminal defense lawyer.

This is not legal advice: it is intended to be used for general informational or educational purposes only. For a free case evaluation, visit


Consider speaking with a local appellate attorney about: 1) whether you and "standing" to asset the fourth amendment violation; and 2) whether the attorney's failure to "use it for the defense" constitutes ineffective assistance of counsel at trial. Good luck.

Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between you and Jeffrey Lewis. If you have a legal question, you should contact an attorney and seek legal advice based on your specific circumstances. Do not take any actions or refrain from acting based on any information contained in this website. Jeffrey Lewis disclaims any liability or responsibility for any actions taken or not taken in reliance on this website.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer