Legal Question in Criminal Law in Virginia
Capias
My husband got put on juvinile probation in 2003, he was 16. He remained on ''juvinile'' prob. until sometime in 2005, (after he was 18). He was took to court for violation of probation and got 45 days which he was allowed to do on weekends. He thought he had completed his time and now, three years later they put a capias out on him and he is now 22. This happened three years ago, again for JUVINILE probation, will this stand in court, and can they make him finish any left over jail time if any? Or has it been too long to do anything? What we don't understand is if he had any left why didn't they get up with him three years ago and do something about it, instead of waiting until now?
1 Answer from Attorneys
Re: Capias
Probably, because it did not come to their attention until recently. Yes, if a capias was issued for him, it will very likely "stand in court" as valid, and, yes, they can make him even now complete any time which has still to be served and for whatever reason was not.
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