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.
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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.
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 FairfaxCountyCriminalDefense.com.
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.
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