Legal Question in Traffic Law in Virginia

my brother was arrestedin Virginia Beach Virginia 10/23/10 for FTA/Driving on suspended license. he was denied bond and had his court date 11/16/20. he was sentence 10 days mandatory for Driving on suspended Lic and 5 days for FTA. Although he had spent 24 days in jail he was told that was dead time and he would not be out until 12/1/2010. Why wasn't he given ccredit for time served?

Asked on 11/21/10, 10:37 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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Your brother was arrested on outstanding warrant(s) 10/23/2010 with bail denied

and held in custody until his trial date of 11/16/2010 whereupon he apparently

received consecutive sentences for the DWS of 10 days and 5 days for

the FTA, respectively, with a projected release date of 12/01/2010.

Whether the prosecutor and judge wanted to give your brother time served (prior to his trial date) for these offenses was entirely discretionary on their part and they probably declined to do so given the fact that the execution of a capias(arrest warrant) was required in order to bring him before the court in order to adjudicate these charges.

Answered on 11/27/10, 7:22 am

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