9.20 Pronouncement and Allocution

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

9.20 PRONOUNCEMENT AND ALLOCUTION

9.2001 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. ⁷¹¹

9.2002 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. ⁷¹² Failure of the transcript to show that the court personally extended the right to speak is not dispositive. If the

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final judgment order states that allocution was offered, the appellate court will assume that the right was actually given. ⁷¹³

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