Virgina time served (for first time non-violent offenders)

This is a discussion on Virgina time served (for first time non-violent offenders) within the Trials & Sentencing forum, part of the Other Criminal Law Matters category; Is anyone familiar with a new law in Virginia for first time non-violent offenders only having to serve 65% of ...

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Old Mar 4th, 2010, 04:47 PM   #1
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Default Virgina time served (for first time non-violent offenders)

Is anyone familiar with a new law in Virginia for first time non-violent offenders only having to serve 65% of their sentence vice the current 85%? This is a new law that is supposed to go into effect this month. Thanks
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Old Mar 11th, 2010, 12:10 PM   #2
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Lightbulb Re: Virgina time served (for first time non-violent offenders)

I am a former paralegal from Virginia. I worked in the area of post-conviction relief for many years. The 85% Rule has been in place in Virginia for many, many years. When I read your post, I attempted to find evidence of a new law having been passed, or the implementation any other type of change to the 85% Rule for non-violent offenders.

I am sorry to report that it does not appear that any such law has been passed to date. What you are probably hearing is that such a change has been proposed, largely in response to Virginia's current budget troubles. As you no doubt know, Virginia spends a ridiculous amount of money incarcerating non-violent offenders, and there are many, cheaper, more humane community alternatives for addressing the problem of non-violent crime.

I am attaching a link to a recent report on alternatives to imprisonment for non-violent offenders published by a Task Force created by the Virginia General Assembly to study the subject. This report was published in December of 2009, so it would appear to represent the latest news on the topic.

http://www.justicefellowship.org/ima...ortfinal_3.pdf

Based on this report, it looks like a change such as the one you reference may be in the works. It seems to me unfortunate that, if such a change is implemented, it will be primarily for fiscal, rather than humane, purposes.
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Old May 8th, 2010, 09:08 PM   #3
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Default Re: Virgina time served (for first time non-violent offenders)

When my husband was 18 (currently 42) he had written some checks (7) which = 843.00 on a local booky. It was in Richlands Virginia and was given 20 years and indefinite probation by a judge who was a total alcoholic. He hasn't had any other convictions, but failed a urine test for THC. The judge gave him six years. He had a good job and is honestly the kindest man I've ever met. Why does the state of Virginia think that taking away a productive tax paying person from society and placing him in a jail, where they are responsible for housing....feeding and baby sitting him. With the economy in shambles...this makes no sense to me. My heart breaks each and everyday he is in there. I hope someone reads this and is in a position to help. We have been married almost a year and he has been there for 5 months now. Tennessee is passing laws letting them out at 35%. When is the commonwealth going to wake up?
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Old Jun 3rd, 2010, 02:57 PM   #4
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Wink Re: Virgina time served (for first time non-violent offenders)

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Originally Posted by Unregistered View Post
When my husband was 18 (currently 42) he had written some checks (7) which = 843.00 on a local booky. It was in Richlands Virginia and was given 20 years and indefinite probation by a judge who was a total alcoholic. He hasn't had any other convictions, but failed a urine test for THC. The judge gave him six years. He had a good job and is honestly the kindest man I've ever met. Why does the state of Virginia think that taking away a productive tax paying person from society and placing him in a jail, where they are responsible for housing....feeding and baby sitting him. With the economy in shambles...this makes no sense to me. My heart breaks each and everyday he is in there. I hope someone reads this and is in a position to help. We have been married almost a year and he has been there for 5 months now. Tennessee is passing laws letting them out at 35%. When is the commonwealth going to wake up?
Virginia is worse on crimes than any other state because it is a commonwealth. I am dealing with a situation with my son and he got more time for probabtion violation than the crime itself. He is a convicted felon and what he did was wrong, but he also admitted to some things that were not done by himself also. But the judge in our county and the prosecutor really put it in for him.. I am sick to my stomach as he requested the diversional program that the state has to offer and he was approved for it and his lawyer lighly recommended it, and did he get it~ NO~ That is VA for you, they dont want to help people that really need it but if you dont need, by george you can anything you want from food on your table to a place to live....NOW, I am native american and this is my ancestors land WAY before it became a so called COMMONWEALTH...so, We will see what happens NEXT!! until then, LETS pray and hope for EQUAL % for all non violent crimes...think about our pockets for a change..
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Old Aug 2nd, 2013, 11:32 PM   #5
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Unhappy Re: Virgina time served (for first time non-violent offenders)

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Originally Posted by VA Paralegal View Post
I am a former paralegal from Virginia. I worked in the area of post-conviction relief for many years. The 85% Rule has been in place in Virginia for many, many years. When I read your post, I attempted to find evidence of a new law having been passed, or the implementation any other type of change to the 85% Rule for non-violent offenders.

I am sorry to report that it does not appear that any such law has been passed to date. What you are probably hearing is that such a change has been proposed, largely in response to Virginia's current budget troubles. As you no doubt know, Virginia spends a ridiculous amount of money incarcerating non-violent offenders, and there are many, cheaper, more humane community alternatives for addressing the problem of non-violent crime.

I am attaching a link to a recent report on alternatives to imprisonment for non-violent offenders published by a Task Force created by the Virginia General Assembly to study the subject. This report was published in December of 2009, so it would appear to represent the latest news on the topic.

http://www.justicefellowship.org/ima...ortfinal_3.pdf

Based on this report, it looks like a change such as the one you reference may be in the works. It seems to me unfortunate that, if such a change is implemented, it will be primarily for fiscal, rather than humane, purposes.
I have a son in prison in Virginia, he is a first time non violent offender, my son recieved 29 years on a heresay drug conviction...he was 21 at the time of his arrest and conviction. Is there anyone anywhere who can help him have a life. He is now 37 and is Diabetic since he was 10 years old...he has had mini-strokes and eye issues because of his poor diet and lack of exercise, please help me!!!!! 304-366-3537
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Old Aug 3rd, 2013, 06:05 AM   #6
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Default Re: Virgina time served (for first time non-violent offenders)

First bit of advice I have is edit your post to remove your phone number. Never post private information on the Internet!

Virginia eliminated parole so your sentence is spent inside. While a drug conviction is considered non-violent, where's there's drugs there's usually violence. Given the sentencing guidelines either your son had schedule I or II drugs or a whole lot of other ones.

Virginia also has mandatory minimums. Since we all know hearsay evidence is allowed in a very limited way in a criminal trial there had to be enough solid evidence for him to be convicted.

He can most certainly exercise while incarcerated, but he can also choose not to. With diabetes and no exercise he will be a very sick man by the time he is released.
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