Legal Question in Criminal Law in Virginia
Virginia's Assign-A-Highway Program
I was given probation in 2005 with no community service. In June of 2006 my probation officer informed me that the circuit court judge had ordered all criminal probationers to pick-up trash year-round. Is this legal? If I hire a lawyer do I have a chance of challenging this and winning? THANKS
1 Answer from Attorneys
Re: Virginia's Assign-A-Highway Program
You could certainly retain counsel to look into the matter and, if appropriate, file a motion to challenge the judge's order as it may apply to your particular case. However, you should bear in mind that probation is considered part of the sentencing process and judges in the Commonwealth generally have considerable discretion in fashioning sentences within the established guidelines.
If your case was disposed of without your having even to do community service, you can consider yourself fortunate even if you have to involuntarily "adopt a highway" until the period of your probation has expired.
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