Legal Question in Criminal Law in Virginia
Work release process and probation rules
If someone served a partial sentence with the remaining being suspended with three years probation for a amended charge of reckless driving and the oringinal charge being malicious wounding by mob. If they were to be charged during the probation period with eluding the police but amended to reckless driving, in the state of VA what would be the likely hood of them having to serve the remaining of his sentence that was previously suspended. And also if a judge approves work release, how does that process work does the inmate still have to request paperwork and what is the timeframe for processing? And also why would someone be transfered from one county jail to another if they were only serving a 46 day sentence with judge approved workrelease?
1 Answer from Attorneys
Re: Work release process and probation rules
There's no way to answer your main question with any certainty. Whether the judge hearing the revocation matter would immediaely revoke and remand the defendant to jail would likely depend upon many factors, including details involving the second charge which you have not included in your question as well as considerations having to do with the defendant's current family obligations and employment.
If the judge approves the defendant for work release, the local sheriff's
department responsible for administering the jail operations where the defendant will do his time would likely handle the processing of whatever paperwork may be required.
I haven't a clue as to your last question.
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