Legal Question in Criminal Law in Virginia

Sentencing Clerical Error

I was arrested last year for embezzlement. Pled guilty and received a sentence. When I was sentenced the clerk wrote the sentence as all suspended but 18 months. I wrote to the clerk of court to get a copy of my sentencing order and when I received it it showed that all time had been suspended except 6 months. I showed this to the female correctional officer - she took it and faxed the county where the trial was held and asked for verification. They faxed back an ammended sentencing order that verified the 6 month sentence. The jail then calculated my release date. I was released on August 26, 2003. I received a summons for ''show cause'' as to why I shouldn't finish serving the sentence that was imposed on March 20th of 2003. I received this on March 12, 2004 and have to appear in court on March 18th 2004. I have been working, parenting my children and making restitution payments to the court since my release. Do I have any recourse in this situation. Can they just send me back to jail even though the judge signed my sentencing order?


Asked on 3/16/04, 5:57 pm

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

Re: Sentencing Clerical Error

You should consult with the attorney who last represented you in this matter. If this person is not available then you should retain new counsel to defend against this Show Cause action or if you cannot afford to hire such, request that the court appoint an attorney to represent you.

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Answered on 3/17/04, 10:08 am


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