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Confused with the court process in Fairfax Virginia. Please help.

Fairfax, VA |

I was recently charged with a grand larceny felony charge ( First time offense). I have already been to arraingment and now waiting for preliminary hearing. I am told by my lawyer that just 1 hour before preliminary hearing, the prosecutor will give my lawyer a deal. If we accept the plea (even no contest, that logically means I am guilty), we will go to judge and he may/may not accept the plea. However if we say Not guilty and do not accept the plea the case will go for judy trail for circuit court. But I read in one of the forum where after pleading not guilty judge ordered deffer disposition at preliminary hearing. Will the case not go for trial if pleading not guilty at preliminary hearing? Can judge order sentence at preliminary hearing itself even if not accepted any plea in Fairfax

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Attorney answers 3

Posted

A General District Court judge does not have the authority to grant Deferred findings on Felony charges. If the charge is amended to a misdemeanor, and the prosecutor agrees to it, then it is possible to have a deferred finding charge in General District Court.

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THIS WEBSITE MAY CONTAIN CUMULATIVE AND SPECIFIC CASE RESULTS OF MATTERS HANDLED BY ERIC DEMETRIADES. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAW FIRM. FURTHERMORE BY ANSWERING THIS QUESTION, THE ATTORNEY DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.

Posted

You have indicated that you have a lawyer representing you. One of the most important services he/she should be providing to you is information about your situation and the options that may be available to you--all of the options, together with the relative risks and possible benefits of each course of action. You should, if you asked your attorney these same questions, have all the answers. If you haven't asked these questions you should. If you are not satisfied with his/her representation then you ought to consider hiring someone else who will provide you with real representation.

Asker

Posted

Thanks for the answer. I read it in avvo from one of the lawyers asnwers . Now these are two contrary statements . thats why I asked here

William A. Jones Jr.

William A. Jones Jr.

Posted

Now I'm confused. Are you saying you do not have an actual living breathing attorney representing you, that what has happened is you've gotten conflicting information from attorneys on AVVO?

Asker

Posted

No, What my attorney said and what I read in AVVO forum was contrary to each other. Dont know what is correct

William A. Jones Jr.

William A. Jones Jr.

Posted

Now I understand, and this is why I always respond the way I did to your question earlier when I know that the questioner has a lawyer. The risk for creating confusion is very very high when your attorney's advice seems to be contradicted by information you receive here from someone who doesn't have any detailed understanding of your situation. My advice to you is to bring the confusion to the attention of your attorney and allow him/her to respond hopefully in a fashion that you find satisfactory. If you don't mind my seeking your further patience, I'm still a bit confused. At least so far I'm the only attorney who has responded to your question and I didn't give you any advice. Have you previously posted the same or a similar version of your question which resulted in the confusing input form here?

Posted

I agree with the above attorneys' advice

the information provided above is for information purposes only and you should consult an attorney for specific answers to your case

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