Thank you for your response. I can't really speak specifically about your daughter's case since I don't have all the facts in the possession of her attorney, the court, and the prosecutor, but I can say that it appears that there might be an issue either with the judge basically creating a new charge, that was not before the court, or with the actual paraphernalia conviction itself.
There are two possession of drug paraphernalia statutes in Virginia. One requires possession with the intent to sale the drug paraphernalia, which would not seem to fit your daughter's situation of simple possession, and you can take a look at that at: http://law.justia.com/codes/virginia/2006/toc1802000/18.2-265.3.html The other is possession or distribution of controlled paraphernalia, which are things like syringes, etc., you can see that at: DANGEROUS URL REMOVED?000+cod+54.1-3466
More than likely the suggestion of appealing had to do with the judge adding the charge. I can't say, but I would suggest your daughter use an attorney to do this. Appeals need a lot of technical legal knowledge and research skills.
I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.