Legal Question in Criminal Law in Virginia

My son has 4 felony convictions on his record. (2 larcenies, 1 uttering, & 1 forgery) He has been in prison, & has suspended time over his head. He now has 4 new felony charges he's facing this month (forgery, uttering, credit card conspiracy, and unauthorized use of a vehicle). If he is convicted of any or all of these, will he get a "show cause" order for the suspended time on the past convictions? Or, will everything be included when he is sentenced this time? He was not on probation at the time of the new charges, but everything has been within the past 5 years. (If that even makes a difference) Thanks in advance for your help.


Asked on 11/03/09, 3:07 pm

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

No, not if he's no longer on probation for any of these previous charges. The past charges of which your son has been convicted will only be a factor as to state sentencing guidelines for any of the new charges of which he may be convicted. (Suspended time for any of these previous convictions should not be a factor as long as he's no longer on probation for any of them.)

With regard to the five year time period which you've mentioned, I know of no reason as to why it should have any significance with respect to the foregoing issues.

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Answered on 11/08/09, 3:20 pm


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