Legal Question in DUI Law in Virginia

Probation Violation

My boyfreind is currently serving time for an ASAP vioaltion. While awaiting trial for his original sentence , he sereved an additional four weeks. (Original sentence 12 months 11 suspended) For the violation, his original sentence was reinstated, suspending for months, leaving him with seven to serve. The jail is refusing to credit him with the extra four weeks that he initially sereved. Is there any federal laws protecting him from this? We are in Virginia and just wanting to know where we stand.

Asked on 11/14/07, 9:24 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Probation Violation

No, federal laws are not involved with this situation. If your boyfriend has not been correctly credited for the four weeks he spent in the slammer before his trial, his lawyer should be finding out the reason for it. (It may be that the Sheriff's Department which runs the local jail does not credit time which is served before there's an adjudication/disposition in the case.)

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Answered on 11/14/07, 9:33 pm

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