Legal Question in Criminal Law in Virginia

I'm looking for sentencing guideline information in Virginia. My friend is being charged with a suspended sentence (probation) violation - Virginia 19.2-306 (Virginia Criminal Code PRB-4850-F9). He failed his urinalysis for THC (marijuana) and had a 20 year suspended sentence in 1995 for assault and battery (which he took a plea on).

I understand he could (worse case scenerio) serve the 20 that was originally suspended, but this seems extremely harsh for smoking weed. I also understand they could again suspend all or part of the original sentence...so what's the norm in this case?


Asked on 10/13/09, 2:48 pm

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

The lawyer for your friend who (hopefully) is now representing him on this probation violation

charge should be the one to ask, but, venturing my own opinion on the matter, I would say that if he's had no "run ins", so to speak, with the law over the last 13 years, it would be rather unlikley for any jail time to be imposed "for smoking weed".

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Answered on 10/19/09, 10:31 am


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