Legal Question in Criminal Law in Virginia

Parole Violation

Violation with seven years left over his head when returned, served 13 of a 19 year sentence, with the other charges suspended. Arrested in 9/2004 to date and still incarcerated. DOC has calculated his time to start all over and added all the suspended time for a total of 29 years of a original sentence of 15 yrs. We can't seem to get the DOC to see the calculation problem and that they have added an additional 15 yrs. Do I need to get a lawyer to take this to court? Do I need to go to DOC Richmond? The Commonwealth Attorny office? They won't really talk to me because we are friends, but Im trying to help him as much as possible. The attorneys he had before, I have been calling, but no return calls and it's been about 2 weeks now. So if you can advise on this matter it would be greatly appreiciated. Do we need to write anything to the parole board? Actually it seems to be turning into one of those civil suits, for those held incarcerated pass their release time. Can they also reimpose a suspended sentence without going back into court? or would the sentence have to relate to the original? Please Help!!!!!


Asked on 10/01/06, 7:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Parole Violation

Better get another lawyer to look into this

situation. The parole violation should not have resulted in more than six years of incarceration(the amount of time that remained to be served under the original sentence).

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Answered on 10/02/06, 2:48 pm


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