Legal Question in Criminal Law in Virginia

Victim of Fraud/Forgery

I am a victim of forgery. The perpetrator has plea-bargained to one count of felony. I was told by the Commonwealth Prosecutor and criminal investigator that pleading guilty to one count of forgery is not going to make a difference in the sentencing phase. However, when I looked at the contents of the presentence report, it seems as if more charges would have 'added the numbers' to increase the possibility of a more severe punishment (e.g., jail time). Would the added felonies (he was charged with 3) have made a difference in punishment. FYI-Loudoun Cty. I'll be submitting a Victim Impact Statement with the PSR. This is the defendent's first 'documented' offense. I am also disappointed that he was not charged with more crimes (identity theft, false pretense, mail theft). Can more charges be added during the sentencing phase-the Commonwealth has already had the Arraignment, Preliminary Hearing (he waived his rights to by agreeing to plead guilty to one count of forgery) and the Grand Jury hearing. The total dollar amt rec'd using my name and good credit exceeded $100,000, if that is important. Thanks-any information would be greatly appreciated!


Asked on 10/21/02, 11:33 pm

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

Re: Victim of Fraud/Forgery

If the accused has already plea bargained, additional charges arising out of the same felonious incident, cannot now be added and considered by the judge in the sentencing phase

of this defendant.

That's what plea bargaining is all about: allowing the defendant to have certain charge(s) dropped by the prosecutor in return for his guilty plea to other charge(s).

You are absolutely correct in your assertion that more convictions "would have added(to)the numbers" under the sentencing guidelines and resulted in a longer term of imprisonment for this defendant.

If you feel that this particular defendant has not received his just desserts, you should make your Victim Impact Statement as graphic as possible in terms of your losses (physical, mental, and emotional) and you may be able to persuade the judge to pass a sentence on this defendant at the upper limits of the guidelines.

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Answered on 10/30/02, 5:27 pm


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