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No one has mentioned parole at all --all they told us was that he had to go to jail for 4 years...How long has he got to stay in, before parole???-just how does that work?
He mis read the state--
Miss-read the state---don't need anything else...
Hello. I see that your prior expert opted out of the question, and I hope I can help you further. I am sorry to hear of your son's situation. As you may know Virginia has truth in sentencing which means that without anything being done, your son will likely have to serve 85% of his sentence before he is released. Because there is a great disparity in the sentences that the co-defendants received, your son may want to file a Motion for Suspension or Modification of Sentence under Virginia Code 19.2-303 which provides that:"If a person is sentenced to jail upon conviction of a misdemeanor or a felony, the court may, at any time before the sentence has been completely served, suspend the unserved portion of any such sentence, place the person on probation for such time as the court shall determine, or otherwise modify the sentence imposed." The statute may be found here http://www.lawserver.com/law/state/virginia/va-code/virginia_code_19-2-303 (fifth paragraph) As grounds for the motion your son could argue that the co-defendants who were convicted of the same crime received much lesser sentences and in the interests of justice his sentence should be modified so that it is consistent with what the others received, and even be suspended entirely, as was one co-defendant's sentence. It may be that because the cases were disposed of separately the judge did not make the connection and did not realize how widely different the sentences were. Although I do not know all the circumstances, the motion would seem to have some chance of success. The motion would be made in the court where the case was heard.Please feel free to ask any follow-up questions.
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