Legal Question in Criminal Law in Virginia

2 accounts of grand larceny charges - VA
My wife recently was charged with 2 accounts of grand larceny charges for stealing cosmetics and jewelry on 2 different dates from a department store. (campbell county, VA)

My question is that she is in US because of her student visa, (to go to school) so if she is convicted I am afraid that she might get deported and loses her chance to get resident visa.

She has never done anything like this before and has no criminal record. She is 5 month pregnant and I fear that if she gets put into prison, then this might interfere with her pregnancy.

I've already went to the store to return the stolen items and gave apology. They initially told my wife that if she complies, she would not go to jail. I talked an attorney today and found out that this is not up to the store, but up to the judge.

What is she possibly facing right now? Can the judge possibly sentence her with prison time when this is her first time and that she is pregnant? Somebody help!!

Asked on 2/03/09, 10:24 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: 2 accounts of grand larceny charges - VA

Some jurisdictions in the Commonwealth such as Prince William County will sentence to jail even first time petty larceny offenders for two days who otherwise have no record of any criminal convictions.

And, it is normally the prosecutor's recommendation

to the judge rather than anything the court decides on its own in terms of this kind of sentence. However, since your wife is apparently charged with

two felonies involving grand larceny, her legal predicament is far more serious than anyone merely charged with petty larceny, and the likelihood that she may have to serve some jail time is considerably higher even if she is being prosecuted in a somewhat more lenient jurisdiction more inclined to allow even some first time felony offenders off with supervised probation with conditions rather than imposing mandatory jail time. However, whether Campbell County qualifies as such a jurisdiction and might be willing to offer such a disposition for these charges you will need to further consult with experienced criminal defense counsel who practice in that particular jurisdiction.

Answered on 2/04/09, 12:31 am

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