tag:blogger.com,1999:blog-4098620.post8990648322064042423..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Alternatives to Punishment in VirginiaUnknownnoreply@blogger.comBlogger3125tag:blogger.com,1999:blog-4098620.post-7051816126532170432012-03-06T10:48:21.433-05:002012-03-06T10:48:21.433-05:00And the Virginia Court of Appeals then said a judg...And the Virginia Court of Appeals then said a judge can take things under advisement, but must find guilt if facts are sufficient and cannot reduce the charge. <br /><br />Taylor v. Commonwealth, JUN11, VaApp No. 2236-09-1.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-64770330407410002912012-03-06T09:32:57.321-05:002012-03-06T09:32:57.321-05:00Mr. Lammers:
I appreciate your help with this topi...Mr. Lammers:<br />I appreciate your help with this topic. You may wish to update your statement regarding the court of appeals in light of the VA Supreme Court's decision in Hernandez v. Commonwealth (decided January 13, 2011). SCoVA ruled that "the circuit court had the inherent power, in the exercise of its discretion, to take the matter under advisement and to continue the case for future disposition, subject to such lawful conditions as the court might prescribe.”Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-37203820828114480962010-11-15T10:58:50.489-05:002010-11-15T10:58:50.489-05:00Mr. Lammers:
Thank you for the prompt, thorough, ...Mr. Lammers:<br /><br />Thank you for the prompt, thorough, and completely helpful response.<br /><br />Assuming the defendant is in fact required to enter a plea to facts sufficient for conviction, the "taking under advisement" option you describe sounds a lot like the deferred sentencing agreement in D.C. or what is called a Section 17 or Section 18 program in Pennsylvania. <br /><br />I will have to read Virginia's expungement statute because I was NOT aware this type of arrangement would preclude the defendant from ever getting the charge expunged. (In D.C. you can even get certain convictions "sealed" under the right circumstances.)<br /><br />I do know that any type of plea in exchange for a DSA/diversion/advisement program will be considered a conviction for immigration purposes.<br /><br />Thanks again for your help.Jamisonhttp://www.koehlerlaw.net/blog/noreply@blogger.com