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nock Commonwealth’s Attorney Peter Luke. “Once a person is sentenced to more than 12 months, he or she enters the state system where the prisoner will probably serve less time."
This discrepancy in sentenced time versus actual time spent in a state facility has become a major factor in plea bargain agreements between defense lawyers and prosecutors across the state, Luke said.
In a recent case heard in Rappahannock Circuit Court, Luke accepted a plea agreement based solely on the actual time factor, not on the severity of the crime committed.
He agreed not to prosecute an habitual offender charge and DWI conviction appeal in return for a guilty plea on a separate habitual offender charge.
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