Legal Question in Criminal Law in Virginia

court order

My brother got charged with two felonies, one in each of two counties, was given nine months in each county. It took 30 days to get work release which both counties agreed upon, these sentences are to be served consecutively. Went back to court in one county for home monitoring and was granted by the judge for the remainder of his sentence with the first county. The jail will not release him unless the second county agrees. My brother is still serving the first county sentence with four months remaining. The first sentence doesn't have anything to do with the second county's sentence. Can the jail hold him against the judge's orders to release him for home electronic monitoring for the remainder of his first sentence?


Asked on 1/17/08, 6:41 pm

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

Re: court order

Yes, quite possibly, because it's probably not "against the judge's orders to release him for home electronic monitoring", if you read the qualifying and conditional language of that order very carefully.

Furthermore, the judge who ordered the release may not even have been aware of the other sentence in the second county but the defendant could always write him a letter protesting his failure to be released.

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Answered on 1/18/08, 8:14 pm


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