I have no prior record but my mother, my father, my sister and brother all have been convicted of theft charges, this is something asked in the pre sentencing questionnaire I was convicted of two counts of grand larceny in newport news, I dont even have a juvenile record does this usualy have time you have to serve or do they give you probation typicaly?
You should have reviewed the sentencing guidelines with your attorney, which probably will show no incarceration for a first-time offender. The fact that family members have been convicted of theft charges would not be taken into account by the judge in setting your sentence, but is an indication of whether you might be likely to reoffend. Every judge and case is different, but unless there is a jury verdict in your case (which the judge very likely will impose), it is most probable that the judge will formulate a sentence with in the guidelines.
Virginia has sentencing guidelines which courts are required to at least consider before imposing a sentence in felony cases. However, these guidelines are, as the name suggests, merely gudelines - meaining they are not mandatory and courts do not have to follow them. Presumably you had counsel representing you on these matters and the Virginia Sentencing Guidelines should have been a topic of discussion at some point prior to your trial. If you entered a guilty plea, the Court should have at least briefly discussed these sentencing guidelines with you.
Although the sentencing guidelines may suggest probation as an appropriate disposition in your case, you should not anticipate or expect that a Court will impose such a sentence. I have seen many courts take the approach that anyone convicted of a theft offense shouild be incarcerated since the decision to steal involves the intentional victimization of another for your own benefit.
If you do not already have counsel, I recommend you obtain the services of a lawyer to assist you with the sentencing hearing in your case.
DISCLAIMER: This answer is provided as general information and is not to be considered legal advice, nor does it constitute the creation of an attorney-client relationship.
For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia, visit my website at:
http://www.tkevinwilsonlawyer.com/faq.cfm
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T. Kevin Wilson, Esq.
The Wilson Law Firm
DUI, Criminal & Traffic Defense...When Results Matter
9300 Grant Avenue, Suite 301
Manassas, Virginia 20110
Telephone 888-DUI-LWYR
Telephone 703-361-6100
Facsimile 703-365-7988
www.TheWilsonLawFirm.org
