Legal Question in Criminal Law in Virginia

withdrawing appeal

i was found guility in general district court. i appealed the judges decision and my case was sent to circuit court. Can i withdrwaw my appeal on the day of my trial?


Asked on 1/19/09, 4:11 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: withdrawing appeal

Yes, you undoubtedly could, but the court would appreciate it (as well as the Commonwealth's attorney) if you would write a letter asking to withdraw your appeal sooner rather than waiting for the day of the trial.

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Answered on 1/19/09, 5:14 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: withdrawing appeal

Why would you want to?

If you asked for a jury, there may be costs involved if you are found guilty by the jury.

But being found guilty is very harmful and serious. It seems like you should try to get acquitted. What is making you hesitant about going through with the new trial?

You know that you get a complete do-over like the first trial never happened, right?

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Answered on 1/19/09, 5:41 pm


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