CT Faces Two Parallel Charges – Verdict Pending

Written by Clarke Kent

CT was charged with Assault and Battery on 8/03/17 and charges were filed in Va Beach General District Court on 8/11/2017. He was charges with Code 18.2-57 a misdemeanor. He was arrested on Aug 10, 2017. He was arraigned on 8/11/17 and has had 2 hearings that were continued and his latest hearing is set for 11/21/17. While that is pending CT was arrested on 9/7/2017 on a code 19.2-306 and felony violation of probation. He now faces revocation of probation with a hearing set for 11/1/2017.

A little history regarding these parallel charges. On dec 27,2015 CT was found guilty of the charge emanating from his ABC store capers. He pleaded guilty to petit larceny (3rd or subsequent offense) “Pursuant to the provisions of code 19.2-298-01 the applicable sentencing guidelines and the guidelines worksheets were reviewed and considered by the court and are ordered filed as part of the record.” “Before pronouncing the sentence, the court inquired if the defendant desired to make a statement and if the defendant desired to advance any reason why judgment should not be pronounced.”

The court sentenced CT to “Incarceration in the Virginia Department of Corrections for the term of 2 years on each charge of petit larceny (3rd or subsequent offense (2 counts)) the total sentence imposed is 4 years” “The court suspended all but time served of the sentence upon the following conditions

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It was sentenced by Judge Shockey on March 28, 2016.

A major violation report was executed by his probation and parole officer on Aug 21, 2017 and filed with the court on Aug 20, 2017. It states in part

“In March 2017, T submitted a urine sample which subsequently tested positive for marijuana. In April 2017, this Officer discussed with T his recent drug screen results and as a result, T was referred and agreed to contact the Virginia Beach Community Service Board (VB CSB) for both mental health and substance abuse assessments. During his June 14, 2017 appointment with this Officer, T advised he could not afford the $150 fee for the VB CSB substance abuse program, therefore he was provided a partial pay referral and instructions to follow through with his assessment. On July 13, 2017, T advised this Officer he had “washed” his partial pay referral and would need another one. During his July 21, 2017 appointment with this Officer, T was provided with a new referral.

On Aug 1, 2017, this Officer received documentation of T having attended his Intake with the VB CSB. this paperwork cited the following information:

REDACTED FOR MEDICAL INFORMATION

“***It should be noted that T was arrested for Assault and Batter -Simple and is currently on a No Bond status at the Virginia Beach City Jail. He is due to return to the Virginia Beach general District Court on September 19, 2017 for this offense. Should he be convicted of this charge, he will be in violation of Condition #1 of his supervised probation obligation.***”

VIOLATION DATA: 

Condition: No Alcohol.

“Violation Notes:
During his July 21, 2017 appointment with this Officer, T admitted to having drank beet on July 4, 2017. He further states his last use of alcohol was on July 15, 2017.”

“FULLY EXPLAIN SANCTIONS IMPOSED/ATTEMPTED PRIOR TO THE VIOLATION REPORT:
During his March 31, 2017 appointment with this Officer, T submitted a urine sample which tested positive for marijuana. As a result, this Officer referred him to the VB CSB for a substance abuse assessment.”

OFFICER’S RECOMMENDATIONS:

It is respectfully recommended a Capias be issued pursuant to a Violation of Probation Hearing.

The Major Violation Report was signed by CT’s probation and Parole officer on Aug 21, 2017.

So the combination of charges will be decided by the court set for a revocation hearing on November 11, 2017 and continued until Jan 3, 2018 for final deposition.

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