Fairfax DWI Appeals Are a Sword and Shield
Fairfax DWI appeals are your second bite at the apple and your sword and shield, says Fairfax DUI lawyer
Fairfax DWI appeals are your potent option to get a new chance to pursue a successful result against your Virginia prosecution, and a shield as a disincentive for prosecutors and judges, respectively, to engage in plea negotiations and sentencing that is so unfavorable to the defense as to make the accused person more likely to file and pursue an appeal, and to take up Circuit Court resources in the process. As a Virginia DUI lawyer, I know that unless you have reached a plea deal that waives your appeal right, that you retain that right whether convicted through a trial or through a guilty or no contest / nolo contendere plea. Va. Code § 16.1-132. I also know that two neighboring Northern Virginia commonwealth's attorney's offices routinely condition District Court misdemeanor pleas on waiving that vital right to appeal, which still remains negotiable.
Fairfax DWI appeals ideally are a standby option rather than an essential choice
Fairfax DWI appeals are not automatically necessary to file, but you should not hesitate to exercise this right if doing otherwise is not in your interests. Do not wait to see if you get convicted before talking with your Virginia DUI lawyer about your appeal option when convicted of driving under the influence of alcohol or drugs under Virginia Code § 18.2-266 or for another misdemeanor, the procedure for doing so, and the circumstances under which you might wish to appeal. In Virginia, all misdemeanor convictions permit a timely appeal for an entirely new trial, which will be a free fall in that your District Court sentence will be no cap on your Circuit Court sentence if convicted on appeal, and where an appeal from a guilty or no contest plea in District Court does not preclude the prosecutor from renewing all original charges against you (seeing that plea deals often include dismissal of one or more counts and/or amending one or more counts to more favorable criminal charges.)
Should I choose a jury sentencing or a judge sentencing before my appealed trial date in Virginia Circuit Court?
Jurors can be so unpredictable and risky for Fairfax DWI appeals that appealing defendants should think long and hard -- in consultation with their Fairfax DUI lawyer -- about whether to exercise their right at least thirty days before their appealed trial date in Circuit Court to request a jury sentencing proceeding in the event of a jury conviction. Virginia Code § 19.2-295. The jury's sentencing recommendation caps what the judge can do with sentencing. Until recently, all Virginia jury convictions for felonies and Class 1 misdemeanors required a jury sentencing proceeding. Now a Virginia criminal defendant has the sole choice whether to have a jury sentencing proceeding in the event of a conviction.
Can I withdraw my appeal for a new trial after being convicted in Virginia District Court?
Fairfax DWI appeals and all other Virginia misdemeanor appeals may be withdrawn from District Court so long as you correctly and timely follow the court's procedures for doing so, prior to your new trial date. Once your appeal is withdrawn, you will start serving the sentence ordered upon you by the District Court. I would much prefer to be able to wait until the trial date on appeal to decide whether to withdraw the appeal, after first seeing whether the prosecutor's necessary witnesses and evidence are available for the assistant commonwealth's attorney to have a chance to obtain a conviction in the first place. Of course, if both parties agree to withdraw the appeal on the trial date, that can enhance the chances that the judge will so agree.
Fairfax DUI lawyer Jonathan Katz pursues your best defense against Virginia DWI prosecutions. Call 703-383-1100 for your free in-person meeting with Jon Katz about your court-pending case.