The Virginia Sentencing Commission has been created within the Judiciary as an agency of the Supreme Court of Virginia. The purpose is to ensure the imposition of the appropriate and just criminal punishment for all individuals convicted of felonies at the Circuit Court. The Commission has developed Discretionary Sentencing Guidelines to assist the Court as to what is the appropriate punishment for these persons. The Virginia Sentencing guidelines in most instances take into account the defendant’s criminal history, current charges, along with other facets of his/her life. Points are assigned to the defendants past and prior acts. Probation Officers research the Defendant and draft a Pre-Sentence Investigation Reports. The Judge and both parties are given a copy. The judge reviews these guidelines and decides what type of punishment should be imposed upon the defendant. This is done after a trial and when the defendant was found guilty or when a defendant took a plea or is later at the sentencing hearing. The guidelines also may address fines, boot camp incarceration, local correctional facility incarceration, diversion and detention center incarceration, home incarceration, electronic monitoring, day or evening reporting, probation, and community service. These guidelines can assist a defendant to make a choice between a trial and a plea when he may have an idea of what type of punishment lies ahead. But, one must always remember that a Judge is not required to follow the guidelines. The Sentencing guidelines are discretionary, not absolute.
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