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Sex-offender Treatment Therapy Clarke County Virginia Probation Lawyers

Sex-offender Treatment Therapy Clarke County Virginia Probation Lawyers

X v. COMMONWEALTH OF VIRGINIA
Fact:

Defendant was indicted for the rape of a child less than 13 years, a violation of Va. Code Ann. § 18.2-61. Defendant entered an Alford plea and was placed on probation. As part of his court-ordered sex-offender treatment therapy, he was required to admit his guilt, but refused to do so. On appeal, defendant argued that the requirement was a breach of his Alford plea agreement.

Sex-offender Treatment Therapy Clarke County Virginia Probation Lawyers

Sex-offender Treatment Therapy Clarke County Virginia Probation Lawyers

Issue:
  • Whether a person charged with rape who enters an Alford plea and is placed on probation violates the terms of his probation by refusing to admit his guilt during the course of ordered treatment for sex offenders?
Discussion:

Defendant’s statement of the questions presented did not contain the words “breach” or “plea agreement” and, pursuant to Va. Sup. Ct. R. 5A:12(c), 5:17(c), and 5:25, the appellate court declined to consider the argument concerning a breach of the plea agreement. The trial court did not err as a matter of law in revoking defendant’s probation because he violated the terms of his probation by refusing to admit his guilty during treatment. His failure to receive warning at the time he entered the Alford plea that such a refusal could have resulted in revocation was a collateral, not a direct, consequence of the plea. Finally, the trial court did not abuse its discretion or act unreasonably in refusing to allow defendant to be treated in an unsupervised situation by someone not versed in sex offender treatment. The court affirmed the judgment.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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