Legal Question in Criminal Law in Virginia

If you are no longer on probation, but have a suspended sentence and are arrested again at a later date, do you have to be charged with the same crime in order for your suspended time to be a factor?


Asked on 4/09/12, 6:20 am

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, not necessarily as the previous conviction which resulted in this

suspended sentence could be a factor in how any new criminal charge

against you is ultimately disposed of.

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Answered on 4/09/12, 6:34 am
Raymond Kline Raymond D. Kline

Any new conviction while on a suspended sentence is a violation of the terms of the suspended sentence, which includes provision for "general good behavior". It can be any crime, regardless of its nature. Petty infractions would not impact you. While your probation may be over, the probation office still monitors new arrests. And, an arrest without conviction will not result in revocation of your suspended sentence.

You can contact me at 703-836-7047 or my cell phone, 703-966-6917. My practice includes the entire Commonwealth of Virginia.I also handle immigration issues that may arise from criminal convictions, such as the possibility of deportation.

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Answered on 4/09/12, 10:27 am


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