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VA online Form 433-D: What You Should Know

This is filed when the judge issues a new trial. When you apply the motion, the Commonwealth must file documents showing the court has considered the Motion. MOTION FOR NEW TESTIMONY OR EVIDENCE. (CRIMINAL/TRAFFIC)/CRIME. Commonwealth of Virginia — CRIMINALITY--1st & 2nd OFFENSE: 4,000 Sentences; 3 years restitution, restitution will be applied to the balance of any restitution already paid, PLUS 5,000 for the Class C felony (3 years of probation for both 1st and 2nd offenses, or if the offense has had a prior conviction, 3 years probation); 3 year community confinement, or 3 year jail sentence (for 1st offense is 5 years, 2nd is 5 years, or if the offense had a prior conviction, 6 years probation); 2 year probation. CRIME—3rd OFFENSE: 10,000 Sentences; 3 years probation; 4 year prison term (16,000); 6 year prison term (32,000 for 3rd offense if the offense had a prior conviction); 3 year jail sentence (32,000 if no prior conviction); If the crime is a class A felony: Mandatory 10-year prison term; 2 year, if the crime is a class B felony: Mandatory 5-year prison term; Mandatory 3 year probation; 3rd offense will have a mandatory 10-year prison term), plus restitution (9,000 for Class A felony, 5,000 for Class A and B felony, 3,000 for Class B and C felony, and 500 for class C felony), PLUS criminal prosecution fees (9,000 for class A, 5,000 for class B and C, and 500 for class C). MOTION FOR NEW TRIAL (CIVIL). (CRIME/MOTION TO REPAIR/CIRCUIT, OR CRIMINAL) OR CRIME/CRIMINAL. Commonwealth of Virginia. VA. CODE §§ 16.1-133.1; 8.01-322; 8.01-327.5; 8.01-333.13; 9.1-202/9.2-103. This is filed when the judge issues a new trial.

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