Legal Question in Criminal Law in Virginia

reconsideration hearing

In a criminal case where a plea bargain has been accepted is it possible to get a reconsideration hearing before a Judge? In this hearing , if possible, can the Judge hand down a stiffer penalty than the plea bargain? What are the other potential pitfalls of such a request? The Lawyer representing the client in this case was not honest about the terms of sentance for the plea. Is that sufficent reason to ask for a reconsideration? Does anything happen to time already served? This person served two and a half months in a work release program and then was transfered to an electronic home monitoring program where all good time was stripped away and he is now serving his full sentence on a misdemenor plea (he went from serving 6 months of a 12 month sentence with one for one good time to now having to serve all 12 months) This does not seem fair. Thanks


Asked on 3/01/04, 2:19 pm

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

Re: reconsideration hearing

The defendant can always write a letter to the sentencing judge expressing his concerns about the fairness of the plea bargain and his belief that it should be incumbent upon the court under these circumstances to reconsider the matter.

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Answered on 3/01/04, 6:16 pm


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