No More Serving Jail Sentences On Weekends For Convicted Felons

by J.D. Garrett on August 4, 2012

Virginia law allows a judge the discretion to allow individuals sentenced for a misdemeanor or traffic violation to serve jail sentences on weekends or other non-consecutive days so as to allow the defendant to maintain employment. Routinely, judges have also allowed those convicted of felonies this opportunity, provided the sentence was relatively short (usually 90 days or less).

Attorney General Ken Cuccinelli has issued an opinion indicating judges, under the language of the statute, are not permitted to offer jail sentences on weekends or non-consecutive days to individuals convicted of a felony. Virginia Beach Sheriff Ken Stolle has indicated that he will advise the half a dozen inmates in the Virginia Beach jail they will have one week to make arrangements to serve the balance of their sentence straight through.

The new policy in Virginia Beach will result in some individual convicted of non-violent offenses, such as a third or subsequent DUI, petit larceny third or subsequent offense, drug possession, or destruction of property if over a certain amount of damage, will be required to serve any sentence straight through.

If you or a family member is currently affected by the new guidelines and needs to file a motion to reconsider, or if you have been charged with a felony in Virginia Beach, contact our office today for a free consultation. (757) 422-4646. Our Virginia Beach criminal attorneys are available 24/7/365 to answer your questions.

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