Legal Question in Criminal Law in Virginia

I was tried and sentenced in both juvenile and circuit court in Newport News. My case was sent to circuit court when i was certified as an adult, then later sent back to juvenile after i accepted a plea for juvenile life. My plea was honored in circuit court, and all my offenses were quashed. I was then sent back to juvenile court were my alpha plea was also honored and i was sentenced to juvinile life in djj. I would layer find out (4 months later) that the judge made a mistake and could not send my case back to juvenile court. I was then re-indicted on all charges, broght back before a circuit court judge, only this time it was a different judge. I was then given the option to take the same plea, only difference being the felony charges would be adult not juvenile. I was charged with three (3) use of a firearm in commission of a felony charges, as well as six other felony robbery and conspiracy charges. As we both know, these felonies carry a mandatory minnimum of 13 years in prison. I did accept this plea only because my council as well as the prosecutor ensured i would be home before 21. Upon my release i appeared before the same circuit judge who openly admitted this plea violated sentencing laws and should have never been honored. He released me after serving 3 years 11 months with these convictions on my adult record. I have never admitted guilt in my case and feel it was wrongly handled. Please, help if you can.

Asked on 6/30/13, 8:36 am

1 Answer from Attorneys

Michael Hendrickson Michael E. Hendrickson

If you accepted an Alford Plea, you then necessarily admitted your guilt and

waived your right to appeal.

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Answered on 6/30/13, 9:30 am

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