Blacksburg, VA asked in Criminal Law for Virginia

Q: I am currently serving time in VA. Release date/earned sentence credit question.

My release date was 8/24/2024 but changed due to probation violation to 7/12/22. If my final sentencing order said that I was sentenced to a period of five years but all five years are suspended for a period of five years how can I be violated if the five year period is up? The original charge was possession w/intent to distribute marijuana in 2009. I rec'd a probation violation in 2011-12. I began serving my sentence for my new charges in 2018 & was not violated for those charges until 2019. Final sentencing order for 2009 charge DID specify that I was to keep the peace & good behavior.I was also released from probation in 2013. My lawyer claimed there's an INVISIBLE 10 yrs of good behavior. I'm confused because the plea I took for a 1 yr sentence for charges that ran up to 30 yrs for prescription fraud & uttering says that I have 29 yrs of good behavior. So even though I never did any time on the 5 yr sentence how can they come back around & make me serve time when the 5 yrs was up?

Related Topics:
1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: This situation is best suited for the lawyer who assisted on your case because you have presented a very fact specific question. I'm going to try to break it down for you. Using the numbers you've given - so you were convicted of PWID in 2009 and given no time to serve but a five year to serve that was suspended; potentially 5 yrs supervised probation and perhaps 10 years good behavior. If you were just dealing with the ten years of good behavior, then yes your obligation to the court would be in place until 2019 and any *new* charges or issues with that probation puts you in violation. Lets go back to the original five years of supervised probation, you indicated that you were violated in 2011-2012. That could have also restarted the clock on any supervised or good behavior probation. Being released from probation *only* indicates that you are no longer supervised - good behavior probation lasts until the end of the good behavior period you were originally assigned or on each charge of violation. I know this is confusing but it is best suited for one of the lawyers you have previously used.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.