Forest, VA man will will forced to OC for the next year

nuc65 said:

I don't think he can get his firearm back, even in appeal. I will try to search some of the applicable laws and see if I can find any citations in regards to this. I actually feel safer that they took his 'toy' away. I think he was irresponsible, reckless and ignorant.

Click to expand...

If he could appeal he starts with a clean slate. GDC is a court not of record, so whatever happened is no more. When one pleads guilty that is pretty much it. I do not recall any pleas in GDC that were in fact appealed and the fact. His guilty plea was just an agreement between his attorney and the CA.

I suppose one could appealed a plea agreement, again I have never seen or heard of that happening. Of course he could wake up one day and realize just how stupid he was and try for a do over. It will be interesting to see how the county where he resides (Bedford County) reacts, if at all to the conviction. I am sure it will come up when he goes to renew.

kenny said:

If he could appeal he starts with a clean slate. GDC is a court not of record, so whatever happened is no more. When one pleads guilty that is pretty much it. I do not recall any pleas in GDC that were in fact appealed and the fact. His guilty plea was just an agreement between his attorney and the CA.

I suppose one could appealed a plea agreement, again I have never seen or heard of that happening. Of course he could wake up one day and realize just how stupid he was and try for a do over. It will be interesting to see how the county where he resides (Bedford County) reacts, if at all to the conviction. I am sure it will come up when he goes to renew.

Click to expand...

I think that once the plea is entered, part of it is that you give up the right to appeal. The guilty plea is an agreement between the person making the plea and the government.

nuc65 said:

I think that once the plea is entered, part of it is that you give up the right to appeal. The guilty plea is an agreement between the person making the plea and the government.

Click to expand...

I don't think so. I believe he has 10 days to withdraw his plea and appeal to Circuit for a new trial.

My guess is that the Circuit Court would require a healthy appeal bond though.

Of course, now that I've given everyone my legal opinion:lol: User will get on here and tell it the way it really is.:lol:

peter nap said:

I don't think so. I believe he has 10 days to withdraw his plea and appeal to Circuit for a new trial.

My guess is that the Circuit Court would require a healthy appeal bond though.

Of course, now that I've given everyone my legal opinion:lol: User will get on here and tell it the way it really is.:lol:

Click to expand...

My understanding is based on circut court so I guess the General district courts are different?:
(http://virginiacriminallawyers.vatrafficlaw.com/pages/plea-bargain-or-trial.html) in part...

2. The attorney should make the client aware that by admitting or pleading guilty, the client waives important rights protected under the Constitution with respect to the alleged offense. Such rights include:

* The right to remain silent
* The right against self-incrimination
* The right to have the attorney assist the client in the trial of the case
* The right to cross-examine witnesses for the prosecution
* The right to have witnesses testify on behalf of the defendant during the trial
* The right to appeal the case if the guilty plea is entered in Circuit Court
* The right to a trial by jury of twelve individuals in felony cases who are selected from the community and who must all find the accused guilty
* The right to use the court to compel the production of documents and witnesses

You may be right Nuc. GD Court is different but honestly, I've never seen anyone plead guilty then change their mind and appeal.

Like I said, User always gives the facts.

I have heard of people changing their minds and trying to appeal but except in very rare and unusual cases were they successful. You can try to appeal anything but actually getting an appeal hearing is a different story.

NavyLT said:

I wish I could appeal the outcome of my divorce....

Click to expand...

Be careful for what you wish. :lol: