Legal Question in Criminal Law in Virginia

20 Years

A friend of mine received a 20 yr sentence for a drug related charge.Conspiracy and possesssion. He had no prior record.He appealed his case do you think that it will be taken?


Asked on 12/27/06, 11:58 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: 20 Years

If it's a Virginia state criminal matter, I would find it very unlikely that it would succeed in an appeal. If it's a federal criminal matter headed to the Fourth Circuit Court of Appeals in Richmond, the same assessment would apply.

You have failed, however, to clarify in your question the basis for the appeal. If the evidence brought forth at trial by the prosecution against the defendant met the beyond reasonable doubt standard that is required for all criminal cases, I can only surmise that the appeal has little chance of success in any of the aforementioned appellate courts.

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Answered on 12/27/06, 12:12 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 20 Years

The foregoing answer assumes, of course, that there are no other issues involved in the trial of your friend's case such as alleged juror or prosecutorial misconduct which could also form a basis for an appeal, and,

if proven, might impel an appellate court to vacate the lower court verdict and remand the case for a new trial.

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Answered on 12/28/06, 2:37 am


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