Legal Question in Criminal Law in Virginia

Maximum penalty underage pocession of alcohol

A 19 year old female friend has just been found guilty (Code 4.1-305) pocession of alcohol. She was found guilty and fined $500 + $86 cc, 6 mos susp DL, and 12 mos in jail- not suspended. She had no lawyer since she knew she was underage-guilty- and ''told'' $500 fine, susp DL was what to expect-by the court. This 12 mo sentence came out of nowhere. She appealed it today, Is this jail sentence legal?

Asked on 8/10/07, 5:04 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Maximum penalty underage pocession of alcohol

Your friend's first mistake was moving forward with her guilty plea without an attorney. However, even at that, I find it hard to believe that as a first time offender she was given a 12 month jail sentence that was not entirely suspended. There must be some mistake in what you've dwescrived as the sentence actually imposed and someone has either misinterpreted or given you the wrong information regarding the sentence which your 19 year old female friend actually received in this underage possession matter.

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Answered on 8/10/07, 10:48 am

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