So I have court on the 8th of February for giving a false police report I went in today and went through the process of getting a court appointed attorney. The judge then told me I was denied because it’s my first offense and my sentence might only be fines and no jail time.
But my charge is a class A misdemeanor which automatically carries up to a year correct? So why was I denied?
For one, Virginia does not have a "Class A misdemeanor," you probably mean Class 1. Secondly, there is no automatic sentence unless there is a mandatory minimum attached to the code section under which you have been charged.
It sounds like you were denied a Court appointed attorney because either the Commonwealth or the Officer are waiving jail time. You are only able to be granted Court appointed counsel if you are facing the possibility of jail.
That said, it would still be in your best interest to contact an attorney for a consultation regarding the circumstances of your pending charge. You can use the Find a Lawyer tab at the top of the page to help you locate one in your area. Many offer free consultations and some have payment plans available.
If the state has pre-determined that under no circumstances will you receive an active suspended jail sentence, then you are automatically not entitled to court appointed counsel. However, you can always hire your own attorney.
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