Legal Question in Criminal Law in Virginia

detention/diversion programs

my girlfriend was sentenced to 2 years plus diversion. at the time she was sentenced, the judge and prosecuting attorney both knew she was disabled and drawing a check. the prosecuting attorney has now said tha sine she can't do diversion, she can do an additional year. she was sentenced in november of 2006, its close to her release. can he do this? are there alternatives?


Asked on 2/20/08, 9:22 am

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

Re: detention/diversion programs

The lawyer who represented your girlfriend should be in touch with the prosecutor on this issue to contest this apparently revised position of the Commonwealth on the sentencing aspect of the case, and, if necessary, file a motion with the court to have a hearing on the matter.

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Answered on 2/20/08, 1:52 pm


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