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 Law Office Michael E. Hendrickson

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

waived your right to appeal.

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

Related Questions & Answers

More Criminal Law questions and answers in Virginia