Legal Question in Criminal Law in Virginia

Re: charged with a felony

Actually, yes. By appealing your conviction on the misdemeanor (presumptively from the general district court to the Circuit court) you have demanded a new trial which vacates the original finding of guilt on the misdemeanor. Subsequently, the prosecutor can dismiss the charge on appeal and then bring the original felony charge back again.

Moreover, even if you are convicted of a misdemeanor, it may still be possible for you to be prosecuted for a felony out of the same actions if they are seperate crimes. This correspondence contains privileged attorney-client information and is the property of Dunlap & Grubb, P.C. This e-mail and is intended for the addressee. Any unauthorized disclosure, reproduction, distribution or the taking of action in reliance on the contents of the information is prohibited. If you believe that you have received the message in error, please notify the sender by reply transmission and delete the message without copying or disclosing it. Dunlap & Grubb P.C. does not and will not represent you until you have signed a written retainer agreement. Any information or response to an your inquiry should not be relied upon and is not legal advice, unless such information or response explicitly states it may be relied upon and further explicitly states Dunlap & Grubb has agreed to enter into an attorney client relationship with you. For information please call 703-777-7319.