If I am found guilty, what type of sentence will I receive?
The Code of Virginia provides for the maximum and minimum penalties applicable to offenses. In addition to the seriousness of the charges, the severity of the sentence may be depend on your past criminal history, attitude, history and other factors. Sentence possibilities are:
Fine– You will be required to pay fines and court costs.
Jail Sentence– If you are convicted of certain misdemeanors in General District Court, you may be sentenced to up to a year in the local jail. If you spend time in jail before your trial, that time will be credited toward your sentence as time served. The Sheriff’s deputies may help you get into an alternative program such as electronic incarceration or work release (if approved). Note: you are very likely to be taken directly to jail at the conclusion of the trial although “late” of “deferred” reporting may be permitted in certain circumstances.
Prison Sentence– If you are convicted of a felony in Circuit Court, you may be sentenced to time in a state correctional facility. You will be held in the local jail pending transfer.
Suspended Sentence– If the judge suspends your sentence, the imposed fine and/or incarceration time will be delayed for a period of time which is set at the discretion of the court. You may be relieved of the suspended punishment (fine or jail time) if, at the end of the specified time, you have committed no other crimes and otherwise complied with required terms. Court costs cannot be suspended.
Probation– You may be placed on probation in lieu of all or part of a jail or prison sentence. A probation officer will supervise certain aspects of your life until the probation period is over. During that period, you may be subject to such conditions as counseling, monitoring and maintaining a job. For DUI and some drug offenses you may be assigned to the Alcohol Safety Action Program (ASAP) for probation, assessment, education, and treatment referral.