Legal Question in Criminal Law in Virginia

Proof in Phone Violation

In the lowest court in Virginia, the magistrate without any proof, made a character judgement against me in a phone violation case. This is now on appeal, and will be heard in a Circuit Court.

My question is, without the establishment of any proof, to the positive, or to the negative, what kind of issues will sway the opinion of the judge in this situation?

The magistrate in the lower court spent about 2 minutes in arriving at his decision, which, regardless of proof, by his own admittance, came out guilty. Can I expect the same in the Circuit Court, and if not, what can I expect?


Asked on 2/18/02, 8:11 pm

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

Re: Proof in Phone Violation

If you did not have an attorney to represent you

in the lower court (general district), it most certainly is time now to engage one for your de novo trial in circuit court.

The questions you have asked are good ones, but need to be directed to a lawyer who has had the opportunity to review all the relevant facts and law in your case.

And ,believe me, in virtually any court case, particularly, a criminal case, there is almost always evidence which points in one direction or another, and it is this evidence, and not non-evidentiary issues, which, to use your verbiage,

"will sway the opinion of the judge"(or jury),

and an experienced criminal practitioner is in the best position to evaluate precisely what these issues are most likely to be.

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Answered on 2/18/02, 11:18 pm


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