Virginia appeals to Circuit Court risk harsher sentences, says Fairfax criminal lawyer

Virginia appeals (VApp) to Circuit Court mean that your District Court sentence places no cap on your Circuit Court sentence, if convicted your second time around. As a Fairfax criminal lawyer, I know that with a VApp to Circuit Court, the entire proceedings are de novo, whereas an appeal to the Virginia Court of Appeals or Supreme Court reviews the record below and generally bars a higher sentence if the defendant is at the Court of Appeals or Supreme Court level granted a retrial or new sentencing. If you wanted verification of this risk, look no further than the reckless driving defendant whose sentence was recently affirmed by the Virginia Court of Appeals, where the judge imposed the full five-month active jail sentence with which the jury slammed her for driving 118 miles per hour in a 45 mile per hour zone, on an empty or virtually empty road at at that. Beavers v. Commonwealth of Virginia, Record No. 1721-23-4 (Va. App. Feb. 11, 2025) (unpublished). (NOTE: Beavers says the judge declined to suspend any of the jury’s five months of recommended jail, even though her online docket (which perhaps is a typo) says her sentence was fully suspended.) Beavers’s active jail sentence in the lower District Court was 30 days, or one-fifth of her sentence on appeal.

What are the sentencing disparities for extremely high speeds between Fairfax and elswhere?

In Fairfax and other Northern Virginia courts, I have been able to negotiate for no active jail time even for speeds exceeding 110 miles per hour. Fairfax jurors are often a better bet than a judge for sentencing at a contested trial for high alleged speeds, and Virginia criminal defendants alone (since a few years ago) have the sole option to decide whether to receive a jury’s sentencing recommendation (in the event of a conviction) or not, so long as the defendant files such a request at least thirty days before trial, whereby the jury’s recommended incarceration and/or fine caps the judge, and where the judge is free to impose the recommended sentence, to suspend some or all of that recommended sentence, and/or to reduce some or all of that jury-recommended sentence. Beavers went to trial two counties south of Fairfax, where jurors can be tougher on all sentencings than in Fairfax. Consider all of this with Virginia appeals.

Should I choose a jury sentencing or a judge sentencing in Virginia?

Talk to your Virginia criminal defense lawyer about whether it is wiser to request a jury or judge sentencing in the event of being convicted at a jury trial for Virginia appeals. If both parties agree to a judge-only trial, that is permissible. Often the ideal way to proceed in Virginia is a trial by jury on whether you are guilty or innocent, and to have a judicial sentencing unless calculated risk analysis indicates that a jury will be more favorable at sentencing than a judge.

How much of a difference does my choice of a lawyer make for Virginia appeals and defending against Virginia prosecutions in general?

Your choice of a criminal defense lawyer can make a world of difference for the outcome of your case for Virginia appeals and at the outset. Important questions to consider asking your potential Fairfax criminal lawyer / attorney anywhere, include: Extent and quality of relevant experience; quality and extent of trial and negotiating experience; devotion to the lawyer’s work; devotion to and respect for you if you become the lawyer’s client; and extent of teamwork by the lawyer with you as their client. Here are more ideas for selecting your criminal defense lawyer.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and DUI prosecution. Usually Jon Katz can meet with you within a business day of your calling for your free initial in-person confidential consultation about your court-pending prosecution. To schedule your initial meeting with Jon, call 703-383-1100, Info@KatzJustice.com, or (text) 571-406-7268.