Legal Question in Criminal Law in Virginia

Would seem to depend again upon the particular facts involved in the

case as well as your criminal history and whether you're still on probation

for the previous offense and, given all of that, the recommendations

of the Virginia Sentencing Guidelines.

It is quite common for a judge to sentence someone to a number of days in jail (if any) and then "suspend" most of the jail time.

I don't want to give specific numbers as if it means anything at all in your case, because these are just totally made-up numbers. But for example, a judge may sentence a person to 90 days in jail, with 80 days suspended. That means that only 10 days would actually be servied.

But the "suspended" part would hang over you and if you get in trouble again (actuall convicted, not just charged0, then you would be ordered to serve teh remainder or "suspended" part.

You would certainly let the judge know that you are pregnant and this may have some bearing on how he sentences you.

However, because you already have a criminal record, this will make it more likely for a judge to give you a harsh sentence.

If you are still on probation from the previous charge, then you would automatically be sentenced to jail for the full amount of your previous case.

HOWEVER.... BEFORE YOU THINK ABOUT BEING SENTENCED...

You should first work on defending the charges.

You should get a lawyer and work on either being found not guilty or having the charges reduced in the process.

It is not quite time to focus on the jail sentence before you have even had the trial.

EXCEPT that you need to take it seriously and understanding tha tyou could got to jail for a reasonably long time may be needed to make you take it seriously.

Based on my experience in Fairfax, here are the likely outcomes:

1) Misdemeanor with no jail time -- only if they have a very week case against you.

2) Misdemeanor with some jail time -- if the amount was not much over $200 and there is nothing else aggravating about the case.

3) Felony with no jail time. This is really the worst case scenario. If the prosecutor won't reduce the charge and you don't have a good defense, the Sentencing Guidelines in your case would recommend straight probation and the there is no reason the judge would not follow that recommendation. Even though it is your second offense it would be your first felony and that alone is considered punishment enough in most cases.

Best of luck. Let me know if you have any other questions.