Andrew G. Wiggin, P.C.
Jurisdictional Attacks
Some situations which occur while a criminal case is in circuit court are of such
grave legal consequence that the resulting conviction order is "void" at the very
initiation of the order.
Even an order that is "void" must be so declared by a court with proper
jurisdiction over the order. This requires counsel to pursue the matter and
convince the court that the order is in fact "void," and should be so declared.
Any such proceedings are considered to be "civil" proceedings, and not part of
the "criminal" trial.
One major category of orders which are "void," are criminal conviction orders
that were entered in spite of the lack of "subject matter jurisdiction."
Generally, such errors would have been committed by the trial court judge.
However, objections to the lack of subject matter jurisdiction may be raised to
an appellate court, even though not raised at the trial court.
An objection that the trial court lacked subject matter jurisdiction may even be
raised long after all other post-trial litigation efforts have been exhausted. In
an appropriate situation, this last door option may be the only successful
post-trial attack.
Criminal conviction orders that were entered in spite of the lack of subject
matter jurisdiction are as serious as they are rare. If you think that your
situation may be subject to a jurisdictional attack, please call Andrew Wiggin at
(757) 333-7539, to discuss the situation, for possible retaining of his post-trial
litigation services.
grave legal consequence that the resulting conviction order is "void" at the very
initiation of the order.
Even an order that is "void" must be so declared by a court with proper
jurisdiction over the order. This requires counsel to pursue the matter and
convince the court that the order is in fact "void," and should be so declared.
Any such proceedings are considered to be "civil" proceedings, and not part of
the "criminal" trial.
One major category of orders which are "void," are criminal conviction orders
that were entered in spite of the lack of "subject matter jurisdiction."
Generally, such errors would have been committed by the trial court judge.
However, objections to the lack of subject matter jurisdiction may be raised to
an appellate court, even though not raised at the trial court.
An objection that the trial court lacked subject matter jurisdiction may even be
raised long after all other post-trial litigation efforts have been exhausted. In
an appropriate situation, this last door option may be the only successful
post-trial attack.
Criminal conviction orders that were entered in spite of the lack of subject
matter jurisdiction are as serious as they are rare. If you think that your
situation may be subject to a jurisdictional attack, please call Andrew Wiggin at
(757) 333-7539, to discuss the situation, for possible retaining of his post-trial
litigation services.
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"Serving clients in all litigation after state criminal trials, all across Virginia."
www.post-trial-litigation.com
(757) 333-7539
(757) 333-7539
Disclaimer: The information provided on this website is not legal advice. Accessing the information on
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons may
contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G. Wiggin does
not serve as counsel of record in federal courts, nor give legal advice on representation in federal litigation,
although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.
this website does not establish an attorney/client relationship. No attorney may ethically promise a
certain litigation outcome based on a future decision by a court. Persons interested in retaining the legal
services of Andrew G. Wiggin, P.C. should contact the Firm. Potential clients or interested persons may
contact the Firm to discuss retaining Andrew G. Wiggin for post-trial litigation. Andrew G. Wiggin does
not serve as counsel of record in federal courts, nor give legal advice on representation in federal litigation,
although referrals can be provided.
All pictures used with applicable copyright permission.
Copyright 2007 by Andrew G. Wiggin, P.C. All rights reserved.