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The Commission is charged with developing, implementing, and administering felony sentencing guidelines used in circuit courts throughout the Commonwealth. The sentencing guidelines, which are discretionary, provide circuit court judges with a range of recommended sentencing options.
In the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. If the defendant is found not guilty or is otherwise entitled to be discharged, the court must so order. The judge must sign the judgment, and the clerk must enter it.
The federal sentencing guidelines are used across the country in every one of the 94 judicial districts and 12 circuit courts. Federal judges are required to review and calculate the guidelines as they contemplate and impose an equitable sentence.
If you plead guilty to or get convicted of a felony, the Virginia Sentencing Guidelines will likely have a significant impact on the fines, jail time, and other penalties you receive. The sentencing guidelines include worksheets for determining the sentences for most felony offenses.
A motion to reconsider is a way for someone to request that the court to review their sentence after their trial is over, when the sentencing order may otherwise be final. The motion must be submitted in writing and there is no explicit time frame the court must follow in granting or denying the motion.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
The procedure for the sentencing hearing depends on a number of different factors including the seriousness of the offense, whether it is a felony or a misdemeanor, the type of conduct that led to the conviction, that is whether it was a trial or a plea, and whether or not that trial or plea was before a judge or a ...
Sentencing Guideline States u To date, 19 States and the Federal Government have sentencing com- missions and 17 States have implemented presumptive or voluntary/ advisory sentencing guidelines. u Of the 17 States that have adopted sentencing guidelines, 10 are pre- sumptive and 7 are voluntary or advisory in nature.