Legal Question in Criminal Law in Virginia

legal options in assault

When convicted of misdemeanor assault, is it possible to appeal the conviction and/or serve out the sentence on weekends, particularly if you are a senior citizen with health problems and no prior criminal history. Also, what are the legal req. of the attorney holding power of attorney of the convicted person? What can I do to help an individual in this situation who is not understanding what is keeping him in jail or why his attorney did not appeal the sentencing on the spot?


Asked on 4/27/04, 11:33 am

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

Re: legal options in assault

A defendant convicted of a misdemeanor offense in a Virginia general district court has 10 days to appeal the sentence to the circuit court.

At sentencing such a defendant should secure first, if possible, the agreement(or at least the agreement not to oppose)of the prosecutor with respect to the issue of serving on the weekends any jail time imposed by the court.

Some prosecutors will claim this issue is

strictly a matter for the judge to determine

and will refuse to become involved. In any case the issue of serving time on weekends should be presented to the judge and argued as appropriate.

As to the power of attorney question, not having any knowledge as to what the power of attorney is about, I am unable to provide any response to this part of your inquiry.

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Answered on 4/27/04, 12:04 pm


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