Legal Question in Criminal Law in Virginia

Circuit Court Appeal withdrawl

I looked under the VA Code it stated withdrawal the appeal prior to. The Commonwealth and Judge's Clerk also told me my husband could withdrawal during the trial and just motion for my restricted license then. Is this possible? Or must it be done prior. DUI Case, in District Court officer did not show up, my lawyer at the time didn't request dismiss or continuance. Plea agreement arranged between him and Commonwealth was standard sentence(court date 4/04) stated would get restriced license, when order received discovered Judge did not check for restriced license. Someone put after completion of VASAP. Immediately appealed. Am enrolled in VASAP to complete 12/6. Court date 12/2. Just trying to get restricted license so that I don't loose my job. Also filed a request for continuance based on financial devastation to my family. Haven't heard back on it.


Asked on 11/26/04, 11:02 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Circuit Court Appeal withdrawl

Your question, unfortunately, is rather garbled and confusing. If you or your husband (whoever entered the plea?)now wants to get a restricted license and your request was somehow overlooked when the case was disposed of back in April 04, you should now be able to go to the clerk's office of the general district court(traffic)which originally handled the matter and simply request that the case be put back on the court's docket for a hearing on the restricted license issue.

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Answered on 11/26/04, 12:00 pm


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