Legal Question in Criminal Law in Virginia

Short story- Brother-in-law got into argument with neighbor. Goes to court, given ten days, then att. says no, lets fight as your are innocent. Next trial- the jury is hung. ( this is a misdemeanor charge), third time tried, judge gives him one year! Okay, b-i-l is disabled, is on a pain medicine pump, and has electrodes implanted in his back. The jail had to take him to the icu at a local hospital, there for 5 days, now jail is saying that time does not count toward his year, and they have also changed his intake date from the 8th of September to the 23rd of September, presumably because they had him in the infirmary at the jail. This is not considered being "incarcerated" in Stafford County. Who can I talk to about getting him on house arrest? His health has completely deteriorated in there and my sister is freaking out. There has to be some way or somebody to help this guy.


Asked on 10/26/14, 1:52 pm

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

A motion needs to be filed and hearing scheduled with the court which sentenced your brother-in-law explaining why the terms of his sentence now need to be changed from incarceration in the county jail to an electronic monitoring device affixed to his ankle in his place of residence.

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Answered on 10/27/14, 8:08 am


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