Office of the Territorial Public Defender, U.S. Virgin Islands

// FAQ – Appellate

How much time do I have to file a notice of appeal?

In a criminal case, a Defendant shall file the notice of appeal in the Supreme Court of the Virgin Islands within 30 days after (i) the entry of the judgment or order appealed from or (ii) a notice of appeal by the Government.

When will I see or hear from my attorney?

Your attorney will consult with you either in person or by phone before taking any significant action in your case. It is important to provide your attorney with current contact information.

Do I have a right to an appeal?

After the final disposition in a criminal case, the Defendant has an absolute right to an appeal if convicted.

Who files the notice of appeal?

The attorney who represented you at trial is obligated to file a notice of appeal, on your behalf, if you request it.

What does it mean to be indigent?

For purposes of legal representation, a person who is indigent is a person who cannot afford to hire, or retain, an attorney to represent them in a pending legal matter. Indigency is determined by the Court.

How do I get an Appellate Public Defender to represent me?

The Courts make that decision. The first determination made by the Courts is whether a person who is charged with having committed an offense is “indigent.” If the person is determined to be indigent the Court will appoint a “Court-appointed attorney.” The court-appointed attorney may or may not be an attorney employed by the Public Defender’s Office.

What is an appeal?

An appeal is a review by an Appellate Court of the Trial Court proceedings. The review by the Appellate Court is based entirely upon the written record of the Trial Court proceedings. There is no new trial in the Appellate Court, and it accepts no new evidence. The Appellate Court only considers whether the trial court proceedings were legally conducted.