Legal Question in Criminal Law in Virginia

Felony Conviction

I have a close friend that was convicted of a felony. The crime was indecent exposure. He was inoccent but by a jury was found guilty but that's beside the point. He was taken into custody after this long two day trial. The jury sentenced him to 4mths in jail. The jury also revoked bail so there was no way he could have payed his way out. He has now been there for 2 1/2 days. I was told that there was some kind of working program that lets inmates work outside at their own job and just come back every evening after work. Is there a minumum time you have to be there to be eligible for this program? Also I would like to know if there is any way he can get out before the sentencing date? In two mths he with have the sentencing day with the judge. Will he be able to get out then? How is it judged state or county time? Who is the person responsible in deciding this?I was also told if it is county time he can earn 2days each day he is in and only do 2 mths but if it is found that he is serving state time than he will at least have to stay 85% of the 4mths.

Asked on 7/13/01, 2:48 pm

1 Answer from Attorneys

Joseph McGrath Joseph McGrath, Attorney at Law
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Re: Felony Conviction

You are speaking of work release, im sure. Contact the jail, most have a department which handles work release and other types of incarceration alternatives. The classification office at the jail can tell you his release date, how much credit would be given for time served, etc. However, they will not be able to give a definite answer until the acutal sentence order is entered. If bond was revoked, then no he cannot be released. His attorney will know what the judge will or will not do, and what the commonwealth will want. Contact that attorney.

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Answered on 7/16/01, 11:24 am

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