Legal Question in Criminal Law in Virginia

blakely vs. washington

Does the Blakely vs Washington State apply to criminal sentencing in the Commonwealth of Virginia and would it also be attributed to a criminal case that the defendant already served his time on.


Asked on 12/01/04, 3:36 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: blakely vs. washington

The U.S. Supreme Court decision in Blakely v. Washington applies every bit as much to criminal sentencing in the state of Virginia as it does in the state of Washington where the matter on appeal initially arose out of a state court sentencing matter.

It would not be applicable to a criminal case in which the defendant has already served his sentence.

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Answered on 12/01/04, 6:46 pm


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