Continuances in Virginia criminal court
You do not get to choose your judge, but Fairfax continuances give y0u new opportunities and challenges with your new judge, and sometimes the judge that many criminal defense lawyers stay clear of as best as possible deliver great results for a defendant, whereas the opposite can sometimes be true with the judge who ordinarily puts a big smile on the face of Virginia criminal defense lawyers. Being human, judges have days when they perform great and days when they are out of tune. Having oaths and the governing law to follow, judges who would want to rule in your favor are not allowed to do so when the law dictates otherwise, but, then again, judges who are personally hostile to your position have no choice but to follow the law even if doing so favors your position.
Am I Guaranteed A Continuance In Fairfax Court? Should I Appeal?
Fairfax continuances are a subject I have blogged about many times, and you can find out some of the factors that favor and disfavor obtaining a trial date continuance in this courthouse?here?and by doing a keyword search on this blog. Those with the most burning interest in knowing if they can obtain a continuance are unrepresented criminal defendants, but by definition, their being represented means my fund of knowledge in that area is limited to what I observe in passing. As to whether you should appeal if convicted in District Court, that presents its own possibilities and risks, and you should fully and timely discuss that with your Virginia criminal defense lawyer. It is nice, at the very least, that starting your misdemeanor case in Virginia District Court and having an appeal opportunity for a whole new trial in Circuit Court gives you?two bites at the apple?to pursue victory, unless the prosecutor decides to avoid that possibility by obtaining a?nolle prosequi?/ non-prejudicial dismissal in District Court and then direct indicts the defendant in Circuit Court..
(Continue reading at katzjustice.com/fairfax-continuances-addressed-by-virginia-criminal-lawyer )