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My question involves criminal law for the state of: virginia
convicted 11 years ago of drug offense. 1 yr in jail ( richmond ). Clean and zero issues since then. was charged with petty larceny in richmond. will I go back to jail after 11 years?
thank you
Unlikely. You can see if you qualify for the OAR program, but otherwise, you're likely to get probation.
should I have a lawyer present at hearing?
What hearing? If you're charged with a misdemeanor your first court appearance will be in general district court. At that point you can see if you qualify for OAR. If not, you can ask for a deferral to get an attorney (which it would behoove you to have when you come back) or if indigent, ask for a public defender. Of course, your other option is to go to trial then and there. Your best outcome would be to be found innocent at the GDC trial. GDC's aren't courts of record in the commonwealth, so you do after losing there have the option of a de novo trial in circuit court. Note, I wouldn't go near circuit court without an attorney.