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If a sentence is appealed, does the defendant still start his jail time?

Virginia Beach, VA |

The defendant was sentenced to do weekend jail. His attorney has appealed. Will he begin his jail term now or will it wait until after the appeal?

In district court he was found guilty and sentenced to 12 months in jail suspended upon good behavior for 24 months, a $350.00 fine and all court costs. His attorney appealed. He had a bench trial at circuit court where he was found guilty again, sentenced to 12 months in jail, 11 suspended and 1 month weekend jail. His attorney has appealed again. Will he have to begin his weekend jail time since his attorney appealed a second time? He was charged with a class 1 misdemeanor. This is not a felony case.

Attorney Answers 1


  1. Assuming an appeal from General (or Juvenile & Domestic Relations) District Court to Circuit Court, then there is no jail time to serve because the entire conviction and sentence is set aside or vacated for a new trial in the Circuit Court.

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