Criminal Misdemeanor Virginia Fairfax Lawyers Suspended Sentenced Fine Code 18.2-456
Criminal Misdemeanor Virginia Fairfax Lawyers Suspended Sentenced Fine Code 18.2-456
Clemant v. Commonwealth
Facts:
The Circuit Court of Fairfax County (Virginia) convicted defendant of contempt of court, under Va. Code Ann. § 18.2-456, and sentenced him to 10 days in jail, with five days suspended, and fine of $ 250 was imposed. He appealed.
If you are facing a criminal case in Fairfax, Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747
Criminal Misdemeanor Virginia Fairfax Lawyers Suspended Sentenced Fine Code 18.2-456
Holdings:
The Virginia Court made the following holding:
- Va. Code Ann. § 19.2-237 states a defendant shall not be sentenced to jail in absentia. The general assembly recognizes that there are important policy considerations which suggest that the system of justice would be better served by delaying the imposition of sentence, than by sentencing a defendant in his absence. Va. Code Ann. § 19.2-237 specifically addresses presentments and indictments for misdemeanor, but it also applies to misdemeanors tried on a warrant or summons.
- The presence of the defendant at sentencing indicates that society has sufficient confidence in the justness of its judgment to announce it in public to the convicted man himself. Presence thus enhances the legitimacy and acceptability of both sentence and conviction. It is advantageous to the defendant that the decision maker be required to face him. The prohibition against sentencing in absentia permits the defendant to present and challenge evidence and makes him publicly accountable for his conduct.
The SRIS Law Group Fairfax Virginia lawyers will do their best to help you with your criminal case. Contact a Fairfax Virginia lawyer from our firm to discuss your criminal case.
A Fairfax Virginia lawyer from our firm will talk with you about your criminal case in Fairfax Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.
We have client meeting locations in Fairfax County, Loudoun, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.
Fairfax Court House Detail:
Fairfax Circuit Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County General District Court
4110 Chain Bridge Road,
Fairfax, VA 22030.
Fairfax County Juvenile and Domestic Relations District Court
4110 Chain Bridge Road,
Fairfax, VA 22030-4020.
Article written by A Sris
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
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