Legal Question in Criminal Law in Virginia
Sentencing
My boyfriend was sentenced to 6 months in jail with five of those months suspended. He was to serve one month in jail, but he appealed the sentence. The charge was driving on a suspended liscense. What is the maximum sentence he can receive on the appeal? I was told that once a sentence was appealed, the maximum that could be received was the initial sentence. Does that apply in this case? Is the maximum time that he can be sentenced on the appeal 1 month?
Asked on 10/01/00, 5:05 pm
1 Answer from Attorneys
Joseph McGrath
Joseph McGrath, Attorney at Law
Re: Sentencing
An appeal is a trial de novo ( new trial)
the Circuit Court is not bound by the sentence imposed by the District Court. Your boyfriend can get a maximum of 12 months, + $2,500 fine.
Answered on 11/03/00, 2:33 pm
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