Legal Question in Criminal Law in Virginia

Drug possession--first offense

As an army enlistedman, I met people who claimed they'd enlisted because a judge gave them a choice of jail time or military service.

For a drug possession charge, does a judge have any leeway for this sort of creativity? Specifically, is it at all possible that a defendant could choose to do some military service as part of his penance?

Thanks!


Asked on 3/26/03, 11:45 am

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

Re: Drug possession--first offense

Many years ago when there was a draft in effect, some judges in certain jurisdictions may have given the defendant the option of joining the military rather than doing time in the slammer.

However, with the advent of the all volunteer force, and the military's disinclination to have jailbirds (as they used to say) among the ranks, I would be very surprised if this particular practice existed anywhere in the U.S. today.

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Answered on 3/26/03, 4:43 pm


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