Just agreeing to plead guilty to a charge is not the end of the case. The judge -- under both Virginia criminal rules and federal criminal rules -- can accept the plea once he is convinced that the defendant knows what he is doing by pleading guilty. Therefore, before accepting a guilty plea, the judge will -- in open court -- ask the defendant a number of specific questions such as: Do you realize that by pleading guilty you lose the right to appeal? Do you realize that by pleading guilty you are admitting that you committed the crime charged? Do you realize that by pleading guilty that the court may sentence you to [whatever the minimum and maximum sentences for the crime are], or some period of time in between?  If the judge acted correctly in advising you of all of the consequences of your guilty plea, and is satisfied you understood them, then he can accept the plea and enter the verdict. Once this is done, it is very, very rare that an appeal will be successful.

Frequently Asked Questions

 


Q: I pled guilty to a charge, but the sentence was harsher than my lawyer told me to expect. Can I appeal?

A:

Just agreeing to plead guilty to a charge is not the end of the case. The judge -- under both Virginia criminal rules and federal criminal rules -- can accept the plea once he is convinced that the defendant knows what he is doing by pleading guilty. Therefore, before accepting a guilty plea, the judge will -- in open court -- ask the defendant a number of specific questions such as: Do you realize that by pleading guilty you lose the right to appeal? Do you realize that by pleading guilty you are admitting that you committed the crime charged? Do you realize that by pleading guilty that the court may sentence you to [whatever the minimum and maximum sentences for the crime are], or some period of time in between?

If the judge acted correctly in advising you of all of the consequences of your guilty plea, and is satisfied you understood them, then he can accept the plea and enter the verdict. Once this is done, it is very, very rare that an appeal will be successful.


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