Legal Question in Criminal Law in Virginia

Hanover County, VA Plea Bargain Question

Are there specific times in a cases that history plea bargains can be propsed in Hanover County, VA or can it be done at any time throughout the case progression.

It is for a Felony Elude that only has enough evidence to be a misdemeanor. Unfortunately I was suffering from a low blood sugar reaction at the time. Based off what happened and the officer testimony we are appealing that I did not put the police officer or anyone else in danger after the lights were turned on. The case is being petitioned for appeal to the VA Supreme Court.

My issue is that the legal council did not feel it was important or would help the case to include the diabetic reaction in the lower court so no mention of it is in the transcripts. The officer never asked me if I had any medical issues.

I need to know if I can put together a plea request, how and when it can be done. My council is not very reactive and seems to not have enough time for me even though I am giving him quite a bit of money and I need to do something myself or I will be found guilty.

Side question: if I send a leter to the court or even to other officials (Govenor, etc.)will it help after explaining the situation and how it should not have gotten to this point.


Asked on 12/28/04, 10:48 am

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

Re: Hanover County, VA Plea Bargain Question

A plea bargain which has been accepted by the Virginia trial court and followed by the entry of a formal conviction against the defendant is

not appealable to the Virginia Court of Appeals.

A plea bargain can be made at any time in the life of a criminal case up to the time that the trier of fact enters a formal judgment of guilty against the defendant.

If your case has already gone to trial, it would certainly appear from your description of the facts that your medical condition should have been brought into evidence at some point in the presentation of your case-in-chief, at the very least as a mitigating factor in your favor.

However, an appellate court is generally bound in its review of trial matters by what's in the official transcript of the trial and if an issue

is not raised at trial and is therefore not formally recorded in the trial transcript, it is usually considered waived and cannot thereafter be raised by the defendant before the appellate court by collateral or other means.

Also, your proposed attempts at what would be characterized in the law as ex parte(by one side) communications with the court are likely to be of no help to your case.

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Answered on 12/28/04, 11:19 am


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