Legal Question in Criminal Law in Virginia

Appeal

My son was sentenced on April 7th & has 30 days to appeal. My question is if he appeals the judges sentencing of 30 years, 26 suspended, could he actually end up receiving more time than what he already has? We want to appeal but is there a risk involved? Thanks so much, Fran


Asked on 4/12/06, 10:14 pm

3 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Appeal

I concur with Mr. Homiller, the conviction must have occurred in the circuit court, and not the general district court, but the appeal could be taken on either an error(or errors) or miscontruence of the law and/or the facts on which your son's conviction was based.

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Answered on 4/15/06, 2:26 pm
Charles Homiller Jimison/Homiller, PLC

Re: Appeal

If he has thirty days to appeal, and was sentenced to 30 years in prison, this was not a general district court case. To appeal from circuit court, there must have been an error of law committed by the judge or jury. You have not provided nearly enough information to be able to say whether his case is even appealable to the Court of Appeals. You should speak to his criminal defense attorney about his options at this point.

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Answered on 4/13/06, 10:14 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Appeal

Yes he could be sentened to more time. And in my experience, they often do. He starts all over again. Unless something really unfair happened in the General Distrcit Court he may want to retink his appeal.

Good Luck

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Answered on 4/12/06, 11:12 pm


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