After someone is convicted of a felony in Virginia, whether it be after entering a guilty plea or a trial, the Circuit Court judge will order a presentence report. A presentence report is prepared by a probation officer and includes various background, family, and employment information about the defendant. One of the items included in the presentence report is a calculation of sentencing guidelines.

Sentencing guidelines give a point value to several factors, including the particular charge, the defendant’s prior criminal record, and some aggravating factors such as use of a weapon and victim injury. After calculating the various factors, that score is compared to a sentencing table that has been established by the Virginia General Assembly to set a recommended sentencing range. The purported purpose of this range is to ensure that defendants convicted of similar crimes who are in similar situations receive similar treatment from the various judges and courts throughout the Commonwealth.

When judges impose sentences, they will generally suspend a portion of that sentence. They may impose a five year prison sentence and suspend four years, leaving one year to serve – the active sentence. The only legal restriction on the court for sentencing is the maximum sentence set by the statute. The sentencing guidelines recommend to the judge what that active sentence should be. While departure from the recommendation is not uncommon, judges do sentence within the guideline range in most cases. It is important to remember that sentencing guidelines are advisory only, and a sentencing judge may impose a sentence within those guidelines or depart from them either downward in favor of the defendant, or upward in favor of the Commonwealth.

When preparing for a sentencing hearing, a defense attorney should evaluate not only the presentence report and sentencing guidelines, but also things not included in that report, such as other sufferings of the defendant due to the offense, positive contributions by the defendant to the community, and their involvement in the community through church, business or civic organizations.

A sentencing hearing is the opportunity for a criminal attorney to show the defendant in a more positive light that just that of a convicted felon. If you have been charged with a criminal offense in Hampton Roads, VA, you should contact an experienced Virginia Beach defense lawyer to help you.

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Virginia law allows a judge the discretion to allow individuals sentenced for a misdemeanor or traffic violation to serve any jail sentence on weekends or other non-consecutive days so as to allow the defendant to maintain employment. Routinely, judges have also allowed those convicted of felonies this opportunity, provided the sentence was relatively short (usually 90 days or less).

Attorney General Ken Cuccinelli has issued an opinion indicating judges, under the language of the statute, are not permitted to offer weekend or non-consecutive days to individuals convicted of a felony. Virginia Beach Sheriff Ken Stolle has indicated that he will advise the half a dozen inmates in the Virginia Beach jail they will have one week to make arrangements to serve the balance of their sentence straight through.

The new policy in Virginia Beach will result in some individual convicted of non-violent felonies, such as a third or subsequent DUI, petit larceny third or subsequent offense, drug possession, or destruction of property if over a certain amount of damage, will be required to serve any sentence straight through.

If you or a family member is currently affected by the new guidelines and needs to file a motion to reconsider, or if you have been charged with a felony in Virginia Beach, contact our office today for a free consultation. (757) 422-4646. Our Virginia Beach criminal attorneys are available 24/7/365 to answer your questions.

Garrett Law Group, PLC – Va. Beach Criminal Defense Lawyers

Contemplating a divorce can be a stressful situation under the most normal of situations. Trying to file for a divorce when your spouse has abandoned the relationship and you don’t know where they are certainly adds to that anxiety.

While most divorces are anything but civil, a divorce case is referred to as a “civil” matter and is governed by the Virginia Rules of Civil Procedure. Unlike a criminal case where the defendant is required to be personally notified of legal action against them, a civil case can be initiated and based on other less reliable notice to the other party. After filing for divorce, you may notify your spouse by leaving official notice with some other resident of their home, posting the notice on the front door of their residence, publishing notice in the newspaper, and in some cases, by certified mail.

When you do not know the whereabouts of your spouse, the most common procedure is to publish a notice in a local paper of common circulation. Contrary to what you might think, this is not necessarily the daily local newspaper. The various local courts have established publications they accept for notification by publication. You will need to contact the clerk’s office or a divorce attorney for more information on your jurisdiction.

Before a court will accept service by publication in your divorce case, you will have to prove that you have exercises due diligence in locating your spouse. Simply stating that you have not heard from them in some time is not sufficient. You may establish the foundation by contacting your spouse’s family, employer or friends. In addition, you may want to check any social media websites such as Facebook or Twitter. Also, you may try sending them a letter to their last known address where the letter may be forwarded to them or returned to you with notice of a new address or simply “not found”.

If you are looking to file for divorce in Virginia Beach, please feel free to contact our divorce lawyers for more information. Our Virginia Beach family law attorneys will be happy to discuss various methods of service to begin your divorce procedure. (757) 422-0195. Our phones are answered 24/7/365.

Garrett Law Group, PLC – Virginia Beach Divorce Lawyers

The Virginia Code defines abduction as the unauthorized holding or transporting of someone against their will by force, threat, intimidation, or deception. It doesn’t require years of law school to be able to recognize abduction, also referred to as kidnapping, when a victim is tied up, gagged, blindfolded, thrown in the trunk of a car and carried off to be ransomed. These acts certainly fit the legal definition of abduction under Virginia criminal law; but many other situations not so obvious to the casual viewer are also considered kidnapping and carry the same penalty – up to twenty years in Virginia State Prison.

A non-violent abduction charge could be filed against someone who uses trickery or deception in order to coerce the victim who may otherwise be cooperative. For instance, impersonating a police officer by flashing a blue strobe light in order to entice a motorist to pull over is guilty of abduction. A homeowner who threatens their housekeeper to report them to Immigration and Customs Enforcement (ICE) unless they work overtime may be charged with abduction. During a lover’s spat if one holds the purse and driver’s license of their estranged to keep her from driving away may be charged with abduction.

There are other non-violent situations where no actual force is used against someone, but force is implied. For instance, a passenger in a moving vehicle who demands to be let out and the driver refuses to stop the car; the driver may be charged with kidnapping. Also, under Virginia law, there is no requirement that the victim be held for a particular time period. The abduction is completed at the instant the victim’s movement is curtailed.

A common non-violent abduction offense involved parental kidnapping. Parental kidnapping usually involves little to no coercion or force; most cases involve a complicit, and often willing, victim. The parent may be charged with abduction simply by not returning the child to the custodial parent or guardian. Similarly, abduction may be charged in cases involving young lovers when one is kept from their parents, or when a runaway child who is harbored against the will of their parents.

If you or a family member is charged with kidnapping in Virginia Beach, you should contact a criminal defense attorney who is experienced in abduction cases. Our criminal attorneys will advise you on a proper course of action, plan an aggressive defense, and may be able to negotiate a reduction of the charge or dismissal altogether. (757) 422-4646. Calls answered 24/7/365.

Garrett Law Group, PLC