QUESTION

I had a Jury trail and was found guilty of Assult on Police officer. During the trail the jury sentenced me to 7 months in jail and thats it...

Asked on Nov 03rd, 2011 on Criminal Law - Virginia
More details to this question:
When I went to sentecing the judge added 6 months of post release supervision. I was released from jail after 7 months with 4 days early for good time. QUESTION: IF I decide im sick of probation and just want to get off of it what do I do? Im assuming I would have to do the remainder of my sentence in jail....but would that be the 4 days from when I left jail....or a whole 6 months because of the added post release supervision? It doesnt seem right that a judge can add more time to my sentence...If I wanted that I would NOT have picked trail by Jury. Can she ADD probation time...violate me....and then make me serve the added probation time in jail?
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1 ANSWER

Criminal Law Attorney serving Chesterfield, VA
1 Award
Unfortunately post-release supervision is something that can be imposed by the judge at any time where there is not a suspended sentence and "regular" probation imposed.  Please see: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+19.2-295.2  You can't decide you are "sick of it" and just ask to quit.  What you need to know is whether the judge imposed suspended post-release time as well.  That will tell you what your liability is if you violation the post-release.
Answered on Nov 14th, 2011 at 3:39 PM

Please note that this does not constitute an attorney-client relationship nor is it legal advice.

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