Legal Question in Criminal Law in Virginia

My husband was sentenced to six years and Detention and Diversion. After complete his sentencing he was on parole for two years before violating his parole. We heard a rumor that since Virginia passed a law stating that you couldn't serve both prison time and Detention and diversion; those who received both in one sentence were being awarded " good time" an their next prison or jail sentence for their detention and diversion time. Is this true?

Asked on 7/28/10, 2:03 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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I am not aware of any such law which prohibits a convicted defendant from receiving both prison time as well as Detention and Diversion in one sentence and awarding"good time" off his or her sentence for the next crime committed based upon this previously served Detention/Diversion time.

When you think about it, doesn't seem right, some how. And, therefore, like most rumours, it is unlikely to be true in my judgment.

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Answered on 8/02/10, 3:01 pm

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