Alford Plea

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.

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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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Rape Virginia Convicted Treatment Probation Lawyers Bland County

Rape Virginia Convicted Treatment Probation Lawyers Bland County

Keith v. Commonwealth
Facts:

Defendant, a convicted rapist, was found in violation of his probation for his refusal to admit his guilt during the course of ordered treatment for sex offenders. The Court of Appeals of Virginia affirmed the trial court’s judgment. Defendant appealed.

Rape Virginia Convicted Treatment Probation Lawyers Bland County

Rape Virginia Convicted Treatment Probation Lawyers

Issue:
  • Whether the trial court abused its discretion or acted unreasonably?
Discussions:

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. However, his 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 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.

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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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Virginia Sex Offender Treatment Probation Violation Lawyers Richmond County

A trial court did not err in finding that defendant violated his probation by refusing to admit that he committed the charged crime during court-ordered sex offender treatment because defendant’s Alford plea did not contain an implicit promise that he would never be required to admit his guilt.

Virginia Sex Offender Treatment Probation Violation Lawyers Richmond County

Virginia Sex Offender Treatment Probation Violation Lawyers

Prosecution of Child Pornography is on the rise in Virginia

Frequently, innocent possession or receipts of images are being prosecuted by federal prosecutors & state prosecutors in Virginia.

If you have been charged with Child Pornography in Virginia, contact the SRIS Law Group Virginia Child Pornography defense attorneys.

Our Virginia Child Pornography defense lawyers defend cases in both the federal courts of Virginia & the state courts of Virginia.

The VA Child Pornography defense lawyers have the experience and knowledge necessary to defend you against these types of charges.

We have client meeting locations in Fairfax, Richmond, Lynchburg, Fredericksburg, Virginia Beach & Manassas.

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CLIENT MEETING LOCATIONS

Virginia

Fairfax County 703-278-0405
Prince William County 703-278-0405
Loudoun County 703-278-0405
Fredericksburg 703-278-0405
Richmond 804-201-9009
Virginia beach 757-512-5002
Lynchburg 434-509-4004

Virginia Sex Crimes Defense Attorney

Atchuthan Sriskandarajah on Channel 7 News

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