QUESTION
Will the second carry jail time in violation of the sentence of the 1st? Is a Court appointed lawyer sufficient in either case?
Asked on Oct 16th, 2011 on Criminal Law - Virginia
More details to this question:
I have been charged with animal cruelty, in Sept, in VA. My arraignment is set for Dec. This violation carries 12 months jail time and a fine of $2500 in VA. Last night while returning home to VA from TN I was pulled over and searched--the Trooper found a pipe and a marijuana grinder. The grinder had a gram or less of marijuana in it. I was charged with possession of marijuana and was sent on my way. My arraignment is set for Oct. 25.--carries a 30 day jail sentence and a $500 fine in VA. These are both 1st offenses committed by me. I''ve never been in legal trouble before so, I anticipate being placed on probation in the possession case since it is the 1st that I will face. Once the 2nd is settled, will I have to serve the time of the 1st for being in violation of probation? I''ve been spiraling in a bad way after loosing my job and facing loosing everything else that I''ve worked hard for b/c of the economical reasons that followed. I don''t want to go to jail in either case.
1 ANSWER
1 Award
Possession of Marijuana, first offense, has the option of a "first offenders" program. That is under Code section 18.2-251. If you participate in that program, the status of your offense is "under advisement". That may still violate your probation and/or good behavior in the misdemeanor animal cruelty. Whether a show cause or capias issues for that violation is up to the prosecutor and the judge. Whether you receive jail time for that is also up to the judge. There is no hard and fast rule about the amount of time the judge can "give back".
Answered on Oct 18th, 2011 at 10:15 PM
Please note that this does not constitute an attorney-client relationship nor is it legal advice.