sentencing
Virginia criminal law allows for lifetime probation & no contact
On September 22, 2016, the Virginia Supreme Court recounted a horror story of Minh Duy Du's committing statutory rape against his 13 year old half sister, and then using a baseball bat to bash the heads of his father and stepmother -- who tried to...
A one year maximum jail penalty applies to Virginia misdemeanors that list no jail penalty
In Virginia, if a criminal misdemeanor statute lists no possible jail time, then the offense actually is a Class 1 misdemeanor, carrying up to one year in jail and a fine of up to $2,500. Va. Code § 18.2-12.
Probation is no prize, so beware its role in sentencing
Many criminal defendants wanting to avoid active jail time breathe a sigh of relief when they get no active jail but instead probation. Probation, though, is no prize, even if preferable to active jail time.
To postpone a misdemeanor trial or not- That is the question
Why postpone a Virginia General District Court trial at all? Possibly to further address new evidence or other discovery that has been obtained on the trial date. Possibly to work further on settlement negotiations.
Taking the community service task by the horns
My community service recommendations come in the context of my advising my criminal defense clients to complete some tasks or "homework" to assist in negotiating their cases and to assist with any possible sentencing.