12.4 Pronouncement and Allocution

• Library: Defending Criminal Cases in Virginia (Virginia CLE) (2018 Ed.)

12.4 PRONOUNCEMENT AND ALLOCUTION

12.401 Pronouncement. After a finding of guilty, the sentence or decision to suspend imposition of sentence must be announced without unreasonable delay. A defendant convicted of first-degree murder must be committed to jail. In all other cases, the court may commit the defendant to jail, continue bail, or alter bail. ¹²³

12.402 Allocution. Before pronouncing sentence, the court must ask the defendant if he or she wants to make a statement or give any reason why the sentence should not be imposed. ¹²⁴ Failure of the transcript to show that the court personally extended the right to speak is not dispositive. If the final judgment order states that allocution was offered, the appellate court will assume that the right was actually given. ¹²⁵

Omission of allocution is reversible error, but relief may be denied if the omission did not result in prejudice. ¹...