Legal Question in Criminal Law in Virginia

Re: jail time

It depends on the jail. In Arlington County, inmates receive one day off their sentence for

each day they serve with good behaviour for a sentence which normally involves nothing more than misdemeanors or class 5 and 6 felonies( the least serious)for which they have received jail sentences.

Therefore,an inmate sentenced to 12 months in this

particular jurisdiction, might well only serve six

months if he receives the maximun time off for good behaviour.

However, to makes things complicated, if the defendant were to receive a one year(or more) penitentiary sentence for a less serious felony all of which he might end up serving in the local jail facility, he can expect to serve around 88 to 89% of it---even though all of it is served in the local jail.(The one day off for each day of "good time" served doesn't apply to penitentiary sentences.)

The court's sentencing order should make clear whether a penitentiary or jail sentence is being

imposed upon the defendant.