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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

Attorney Answers 3


  1. Best answer

    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.

    DISCLAIMER:
    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.


  2. 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.


  3. 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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