Legal Question in Criminal Law in Virginia

misdemeanor capias

I had a tresspass charge that carried 12 months and 2 years good behavior. I broke my good behavior 2 times and both times received additional jail sentence and suspended time. But, The last time i appealled the decision to the circuit court and the judge gave me 90 days and revoked my sentence and probation.

Now there is another capias out for me on the original trespass. Is it valid considering the last time i went to court the judge revoked my probation and sentence? Can they still go after me for what time is left for me to serve out of the original 12 month charge? Or does the decision of judge on my last capias override everything? Please help. thanks


Asked on 2/20/07, 7:06 pm

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

Re: misdemeanor capias

No, the decision of the circuit court judge only affected the last sentence handed down in the general district court which you then apparently appealed to the circuit court. That part of your sentence which was handed down on your original conviction by the general district court which was suspended and which you never apparently appealed(nor served time for), can now be imposed upon you, upon a proper finding by a preponderance of the evidence by that court which first adjudicated you guilty of the charge that you have subsequently violated the terms of your original probation, and, consequently, whatever part of that original sentence which was suspended and has not yet been served by you, may now be imposed.

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Answered on 2/20/07, 7:26 pm


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