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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Sentenced to Suspended Jail Time and Probation for a Non-Jailable Offense

    My question involves criminal law for the state of: Virginia

    I was found guilty of a level 3 misdemeanor for Causing a telephone or pager to ring with intent to annoy- Code of VA 18.2-429. When I went to the hearing, the judge told me this was a jailable offense. I, very politely, questioned that then. He researched through two red law books on his bench and then apologized to me stating it was a non-jailable offense. I went to my trial later that month, I was found guilty. The same judge then sentenced me to "5 days in jail with 3 years probation, suspending the jail time to an $81.00 fine". When I tried to speak up about the same issue again, he got very upset with me. The clerk listened to me and after a week, they were able to remove the jail time from my sentence, but left the probation on and the paid fine on. This does not seem fair to me at all! The lady accusing me of this was my boyfriend's ex-girlfriend who harassed us from day one. I defended myself by sending her 3 different texts over the course of 3 months. She works for the courts as a drug counselor and she won of course. I even had proof with me that she called my home from her place of work and hung up on my daughter. Her work compliance officer even sent me a letter of proof. The judge didn't care. I have no fight in me left to defend myself or appeal the case. Lesson learned to never text anyone in defense of my relationship. My problem is the sentencing. I'm sure I'm not the only individual sentenced incorrectly. What can I do??

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Sentenced to Suspended Jail Time and Probation for a Non-Jailable Offense

    Was this in General District Court? What you need to do is get your as to a lawyer and get the de novo hearing in Circuit court. You are right that for a first offense this is a class 3 misdemeanor and the up to $500 fine/no jail are the only valid outcomes.

    Your claim of "self defense" is spurious.

    Frankly, you shouldn't have been convicted of this at all. You do NOT need a misdemeanor on your record, jailable or otherwise. Get a lawyer QUICK.

    - - - Updated - - -

    Was this in General District Court? What you need to do is get your as to a lawyer and get the de novo hearing in Circuit court. You are right that for a first offense this is a class 3 misdemeanor and the up to $500 fine/no jail are the only valid outcomes.

    Your claim of "self defense" is spurious.

    Frankly, you shouldn't have been convicted of this at all. You do NOT need a misdemeanor on your record, jailable or otherwise. Get a lawyer QUICK.

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