Jail Sentence Alternatives, Probation, Sentencing Programs

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Pre-Trial Programs and Sentencing Alternatives in Fairfax County

Fairfax County Jail

Criminal charges cause enough stress as it is, and thinking about them (or researching all of the different potential programs in Fairfax County) is enough to make a person’s head spin. One of the best things about having a Fairfax criminal defense attorney on your side is the guidance and knowledge of pre-trial and post-trial programs as they relate to your case, goals, and the many ways a convicted person’s life is going to change.

Most of the time, a client’s number one goal is to avoid jail time. Many different programs and alternatives to incarceration in Fairfax County are discussed on this page and are broken down by category:[/vc_column_text][vc_column_text css_animation=”appear”]

Alternatives:
Fairfax County Jail
Sentences, Convictions, Probation Supervision

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This program, also known as (IAP), is meant to:

  • Evaluate those who have been convicted to determine level of substance addiction/abuse
  • Education: on the nature of addiction, impact, and issues
  • Abuse Treatment: group and individual
  • Community Resources: help offenders become aware of resources once they are released

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Work Release Program”][vc_column_text]

The objectives of the Work Release Program are:

  • Allow unemployed offenders to contribute via community service on weekends until employed
  • Find full time employment
  • Random substance screening
  • Life Skills Program
  • Counseling
  • Skills for employment training
  • Reduces jail crowding and costs of incarceration

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”OAR Violence Intervention Program”][vc_column_text]

Opportunities, Alternatives & Resources (OAR) program:

  • 18 weeks of domestic violence intervention and education
  • Helps offenders learn patterns of abusive actions
  • Enables offenders to recognize the consequences of domestic violence
  • Allows offenders to implement alternative behavior-changing strategies

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Electronic Incarceration Program (EIP)”][vc_column_text]

Electronic Incarceration Program (EIP):

Goals include:

  • reduce the costs of confinement
  • help offenders through supervision
  • offer special needs programs for certain offenders

Eligibility

  • Person has been convicted to confinement in a local or state facility
  • They are held in jail pending completion of a pre-sentence report (by court order only)
  • If a trial is pending, it is subject to approval by the Sheriff
  • Person must reside in Virginia and within 50 miles of Fairfax City

For the Court to Place a Person into EIP: must not have been convicted of:

  • mob-related felonies
  • felony kidnapping or abduction
  • robbery
  • felony sexual crimes
  • malicious felonious assault or wounding
  • 1st or 2nd degree murder, or voluntary manslaughter

For the Sheriff to Place a Person into EIP: all of the above, and

  • burglary
  • schedule I or II substances: selling, distributing, possession with intent, manufacturing

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Community Service Restoration Program (CSRP)”][vc_column_text]

Community Service Restoration Program (CSRP)

This program is available to non-violent misdemeanors, and allows them to partake in community service instead of a jail sentence, fines, or probation. Sometimes, a judge will allow a case to be dismissed upon compliance, but others, it may be an additional punishment.

Typically if a person is referred to CSRP for an offense related to drugs or alcohol, they will be required to participate in a three hour education class by an ASAP instructor. Similarly, petit larceny defendants must attend a shoplifting prevention program.[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Community Labor Force (CLF)”][vc_column_text]

Community Labor Force (CLF)

This program is meant to help the community by allowing offenders to provide services to maintenance, beautification, and other projects. The inmates who participate can earn good time for their efforts, and as a result, reduce the term of confinement.

CLF offers educational, religious and other support group programs in the per-release center.[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Weekend Incarceration (Weekender) Program”][vc_column_text]

The Weekender Program

This program allows offenders to serve time on weekend, by working off fines by performing labor. It should be noted that visitation is not allowed on weekend, but it may be a good option (if available) for a person with work-related obligations during the week.[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Community Labor Force Offenders (CLFO)”][vc_column_text]

Community Labor Force Offender Program (CLFO)

This program is a short-term program meant for low-risk offenders (mainly misdemeanor or traffic-related charges), and who are able to contribute manual labor as a way to avoid incarceration. Some of the projects offenders who participate in CLFO perform are:

  • removing graffiti
  • cleaning up streams and rivers
  • helping efforts to clear parkland
  • and other revitalization efforts.

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Fines Option Program (FOP)”][vc_column_text]

Fines Option Program (FOP)

This program requires offenders to report to a pre-release center on weekend mornings to perform community service until they have reached the time specified by the Court. The credit goes towards the fines and costs owed, based on an hourly rate, and based on an entry level county employee (general laborer). Some tasks these offenders participate in are:

  • painting buildings
  • roadside litter pick-up
  • moving furniture

[/vc_column_text][/vc_accordion_tab][/vc_accordion][vc_accordion title=”Incarceration or Conviction Alternative” active_tab=”false” collapsible=”yes”][vc_accordion_tab title=”Alternative Community Service Program”][vc_column_text]

The Alternative Community Service (ACS) Program is:

  • a multi-jurisdictional program
  • meant to facilitate the mutual benefit between non-profit organizations and those ordered by the judicial system to better the community
  • a way to enrich the community instead of serving (unproductive) time in jail

ACS is available to any person who:

  • the Court orders to participate
  • has a probation officer for a minor felony
  • committed a misdemeanor offense
  • is an adult

Who is not eligible?

  • Those who have either been convicted or charged with
  • a violent offense
  • an offense involving a concealed weapon
  • a sexual offense

 

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”First Time Marijuana Possession Program”][vc_column_text]The Fairfax Alcohol Safety Action Program (ASAP) sponsors the 18.2-251 program, which is entered into on the day of the trial.

For first time marijuana possession offenses, the charge may be dismissed, but only if:

  • the accused participates in a substance abuse assessment
  • attends education and possibly treatment
  • does not use drugs
  • performs community service
  • does not get charged with an offense for six to twelve months

There are some downsides to the program:

  • it will not be possible to expunge the record of the drug offense, despite the fact that it was dismissed
  • it costs hundreds of dollars

Therefore, if you have been charged with possession of marijuana in Virginia, we strongly encourage talking to several lawyers and finding a local Fairfax criminal lawyer and/or Fairfax marijuana lawyer to represent you. Although first-time possession of marijuana is a misdemeanor, it is a misdemeanor that will possibly wreck havoc on future job prospects.[/vc_column_text][/vc_accordion_tab][/vc_accordion][/vc_column][vc_column width=”1/2″][vc_accordion title=”Detention and Diversion Programs” active_tab=”false” collapsible=”yes”][vc_accordion_tab title=”Diversion Center Incarceration Program”][vc_column_text css_animation=”appear”]

Diversion Center Incarceration Program

This is available to:

  • non-violent felony offenders who would be sentenced to confinement, and may require intensive supervision.
  • This program may also be available to one whose suspended sentence would be revoked upon a ruling that probation conditions were violated.

Features:

  • substance abuse counseling
  • evening classes for education
  • work program

 Diversion Centers

  • Chesterfield Women’s Diversion Center
  • Harrisonburg Diversion Center
  • Stafford Diversion Center
  • White Post Diversion Center

[/vc_column_text][/vc_accordion_tab][vc_accordion_tab title=”Detention Center Incarceration Program”][vc_column_text]

The Detention Center Incarceration Program

This program is a jail/penitentiary alternative for:

  • non-violent felony offenders
  • who need a higher degree of supervision than would be available at the Diversion Center.

The keystone of the program is highly structured short-term period of confinement.

Detention Centers:

  • Appalachian Detention Center and Southampton Detention Center (Males)
  • Chesterfield Detention Center (Females)

[/vc_column_text][/vc_accordion_tab][/vc_accordion][vc_accordion collapsible=”yes” title=”Probation Supervision” active_tab=”false”][vc_accordion_tab title=”Post-Trial Supervision for Misdemeanors and Class 5/6 Felonies”][vc_column_text css_animation=”left-to-right”]

Post-Trial Supervision for Misdemeanors and (Some) Felonies

After an adjudicatory hearing, the convicted individual may be ordered into probation. If post-trial supervision is indeed ordered, then the defendant will be obligated to contact the Court Services Division (CSD) right away (or right after they are released, if active jail time was served).

A probation officer will work with the defendant and create a plan that may include:

  • substance abuse treatment, counseling, and/or urinalysis
  • treatment for mental health issues
  • anger management counseling
  • employment help/services
  • and monitoring of community service and/or restitution.

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The Recidivist Prevention Program

This is a Probation Supervision program sponsored by the Department of Corrections.

This program may be available if the individual:

The program offers:

  • counseling
  • group work and employment assistance
  • education

The offenses rendering one ineligible include (but are not necessarily limited to)

  • 18.2-61
  • 18.2-67.1
  • 18.2-67.2
  • 18.2-67.3

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Intensive Supervision

The ISP program, sponsored by the Department of Corrections, is considered a middle-step between normal probation and incarceration (and parole supervision). For example, ISP offers more control over offenders compared to typical supervisory methods and programs, as well as more options than a jail or penitentiary (treatment).

The Intensive Supervision (ISP) program is meant to (primarily):

  • ensure public safety
  • closely monitor certain activities of offenders

What does the ISP program entail:

  • required reporting
  • home, job, and community monitoring
  • record checks
  • drug screening
  • assessments
  • possible home electronic monitoring and other varying levels of sanctions or conditions

Who is this Program Aimed at:

  • high-needs individuals
  • individuals who pose a risk to public safety
  • violent sex offenders
  • unsuccessful under normal supervision

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Electronic Monitoring

The primary electronic monitoring tools are:

  • Home Electronic Monitoring (HEM)
  • Global Positioning Satellites (GPS)

These modern day tools leverage technology for the good of both the criminal justice system, as well as certain offenders. Note: Placement is restricted to units available, and there may be a waiting list; a typical wait-period is three months.

Electronic monitoring may be a means to:

  • provide risk control
  • penalize violators of probation and/or parole
  • provide an option for certain select parolees
  • add a further condition upon an individual enrolled in the Intensive Supervision Program (ISP)

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Probation and Parole

The two main facets of the Virginia Department of Corrections mission:

  • to protect the citizens from crime
  • provide various programs to rehabilitate offenders so they may lead productive and healthy lives as members of society
How long does an offender remain on probation or parole?
  • average: 2 years for probation
  • average: 1 year for parole

What Does Parole or Probation Involve or Require of the Offender?

  • reporting is required (as instructed based on their assessment)
  • conditions including treatment, community service, restitution, etc.
  • fingerprinting
  • designated travel area

and much more. As a result of the tremendous level of variation from one offender to the next, it is best to speak with an offender’s probation/parole officer if questions arise concerning the terms, conditions, or program itself. If one has been charged of an offense but not yet convicted, then a local Fairfax criminal defense attorney with adequate experience and knowledge should be able to answer such questions. To contact Brenton Vincenzes about your own concerns or a loved one’s possible responsibilities or conditions following a particular sentence, do so by calling 703.665.3719 — or send a message online to Vincenzes Law, PLLC.[/vc_column_text][/vc_accordion_tab][/vc_accordion][vc_wp_custommenu nav_menu=”152″ title=”Virginia Larceny Information”][/vc_column][/vc_row][vc_row][vc_column width=”1/1″][vc_column_text css_animation=”appear”]

For community service information, anger management programs, substance abuse services, and mental health programs…

visit the Fairfax County Programs page II

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Brenton D. Vincenzes is a lifelong Fairfax County resident and Fairfax Criminal Defense Lawyer. He is a member of the Virginia Association of Criminal Defense Lawyers, National College of DUI Defense, NORML, and has been awarded the following in 2014-15: Top 100 Trial Lawyer (National Trial Lawyers) Top 40 Under 40 Trial Lawyer (National Trial Lawyers) Nationally Ranked Top 10 Under 40 Defense Attorney (National Academy of Criminal Defense Attorneys) 10 Best in Client Satisfaction for Criminal Defense (American Institute of Criminal Law Attorneys) Nationally Ranked Top 1% Attorney Award Recipient (National Association of Distinguished Counsel) As a local leader, Mr. Vincenzes mentors troubled youths, volunteers his time to serve at his church, takes select pro bono clients, and strives to improve the community. Mr. Vincenzes represents men, women, and juveniles through zealous and diligent advocacy, strategic planning, and skilled trial work preparation. Mr. Vincenzes' areas of criminal law practice are broad, and include most felonies and misdemeanors such as: reckless driving, DUI & DWI, drug offenses, assault and battery, domestic violence, assault on an officer, destruction of property, alcohol offenses, firearm offenses, larceny, shoplifting, embezzlement, fraud, and other theft offenses, and moving traffic violations among others. His private legal services are available in most Northern Virginia jurisdictions, including Fairfax County, Arlington County, Prince William County, Loudoun County, Stafford County, Alexandria, Manassas, Leesburg, South Riding, and other cities and towns.

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