Legal Question in Criminal Law in Virginia
If a sentencing Judge's silence effectively imposes a presumed consecutive sentence under Section 3584 (a), but he fails to follow the mandatory directive under Section 3584 (b) to consider relevant factors before imposition of the sentence, DOES THE FAILURE TO FOLLOW THE MANDATORY DIRECITIVE OF THE STATUTE GOVERNING THE SENTENCE RENDER THE SENTENCE ILLEGAL? AND WHAT DEFERENCE, IF ANY, SHOULD BE GIVEN TO AN ILLEGAL SENTENCE?
Asked on 10/29/10, 12:00 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
So, what is your evidence that this sentencing judge failed to consider the 3553(a) factors referenced in U.S.C. Sec. 3584 (b)?
Answered on 11/04/10, 5:25 am
Related Questions & Answers
-
What is a class 0 felony and a first class misdemeanor in Virginia? Asked 10/27/10, 8:44 am in United States Virginia Criminal Law
-
What virginia law is about assault and battery against a minor? Asked 10/24/10, 9:10 pm in United States Virginia Criminal Law
-
I was charged with domestic assault without being told I was arrested or read my... Asked 10/22/10, 8:00 pm in United States Virginia Criminal Law
-
My father have just been charge for second degree murder and felony child neglect i... Asked 10/21/10, 12:59 pm in United States Virginia Criminal Law
-
I was recently caught shoplifting and was charged with petty larceny.This is my... Asked 10/19/10, 1:11 pm in United States Virginia Criminal Law