Legal Question in Criminal Law in Virginia

Bad Checks

I had asked this question before and did get an answer but would like another answer. Will try and be brief. Daughter was incarcerated on 03/15/07 for passing of bad checks. She had a previous charge of a DUI which she did not show in court and a capias was issued for her. Of course when they arrested her on 03/15/07 they found out that she had had the previous court date which she did not show. When sentencing came in 10/02/07 they charged her with being previously incarcerated for the DUI. She had been charged but never served time in jail for this charge until after being arrested for the passing of the checks. Was the previous charge an actual incarceration? With her record showing that it was it gave her an additional 18 months in jail...thanks Fred


Asked on 3/21/08, 5:07 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Bad Checks

After she failed to appear for the DUI charge, your daughter may have been tried in her absence and convicted for the DUI or that charge may have been adjudicated at the time she was tried or pled guilty to the bad check charge.

Either way, however, the DUI conviction(+ possibly time imposed for failing to appear)apparently was worth an additional 18 months of incarceration tacked on to what she received for the bad check charge conviction.

Read more
Answered on 3/22/08, 7:41 am


Related Questions & Answers

More Criminal Law questions and answers in Virginia