Legal Question in Criminal Law in Virginia

Criminal appeal process

Last week I was arrested for section 18.2-346, Engaged In The Act Of Prostitution in Virginia. The next day I went to the Criminal Court and now I'm awaiting for my appeal in the circuit court. In the criminal court I pleaded guilty because I accepted the money, but later I found that I wasn't guilty because my intentions was just to have intercourse and not receive any money. My question is, if I plead not-guilty in the appeal, will the judge be able to solve the case right then, or do I have to wait for another trail?


Asked on 12/19/03, 12:27 pm

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

Re: Criminal appeal process

If you pled guilty in the general district court, and are now having second thoughts about this plea, the correct course of legal action at this point is to file your motion to have the plea withdrawn(assuming you are still within the time frame permitted for this action), rather than filing for an appeal with the circuit court.

I can say with a high degree of certainty that if you allow the case to go up to the circuit court in its present posture(having pled guilty in the lower court), it's very unlikely that the circuit court judge(or a jury) will ever resolve this matter in your favor

Read more
Answered on 12/19/03, 11:39 pm


Related Questions & Answers

More Criminal Law questions and answers in Virginia