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    rmloudin25's Avatar
    rmloudin25 Posts: 1, Reputation: 1
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    #1

    Nov 30, 2009, 12:17 PM
    Class 6 felony probation violation
    OK this is the situation... my fiancÚ was charged in 1999 w/ dist. of coc.. in virginia, was sentenced 20yrs w/ 20 yrs suspended with exception he would complete a program, w/ prob. For 20 yrs. He completed the program and then violated... he was sentenced 3 1/2 yrs pene. He completed and then violated 1 yr later. Now 4 yrs later he was arrested for capias of pro. viol. During this 4 yr he has maintaned a full time job, took care of me and 3 children. He has no new charges except the pro. viol. (class 6 felony prob. viol.) please let me know what you think may happen. Thank you
    SmellyDogsMom's Avatar
    SmellyDogsMom Posts: 67, Reputation: 3
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    #2

    Dec 3, 2009, 09:10 AM

    In Virginai: Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Dec 5, 2009, 10:48 AM

    Hello r:

    I don't know what a capias violation is, especially since you say he's been doing so well... If it was just a minor thing, or a technical violation they wouldn't have arrested him. Since they did, he's probably looking at some slam time.

    That would be, of course, unless this capias thing is BOGUS. If so, a lawyer wouldn't hurt at all.

    However, if the felony you mention is what he did to violate, then he's going to need a lawyer for sure.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 5, 2009, 11:15 AM

    I would say that he is going back to prison for a longer time, judges do not like to keep seeing the same person back again and again.

    If he was doing so well why did he violate ?

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