At the same time, if the defendant’s case is likely going to result in a conviction, it can be better to obtain a suspended imposition of sentence than to have a record of a conviction. can also be seen as a conviction for immigration law purposes. Nonetheless, my usual security clearance lawyer warns that a suspended imposition of sentence can be viewed as similar or close to a conviction for purposes of security clearance review authorities. Suspended imposition of sentence is one step removed from a conviction, so beware jumping to accept an SISĪ dismissal or acquittal is better than receiving a misdemeanor suspended imposition of disposition. possibility for those charged with shoplifting or other misdemeanor theft, Virginia petty theft statues means criminal defendants will also be more numerous who are eligible to seek their case to be dismissed by the commonwealth’s satisfaction and discharge law. This SIS option is particularly important when considering that Virginia’s Starrs case has been substantially narrowed to make suspended imposition of sentences and deferred disposition a valuable option under certain circumstances.Īnother positive piece of news is that this legislative session, Virginia’s governor has approved a law increasing the Virginia petty theft threshold from $500 to $1,000. 660, which adds petty theft as a misdemeanor eligible for a suspended imposition of sentence, whereby a judge finds facts sufficient to convict, defers entering any conviction, and ultimately dismisses the case unless a probation violation is found, thus allowing the judge to enter a conviction and sentence the criminal defendant. Virginia legislature passes law to make misdemeanor larceny eligible for suspended imposition of sentence dispositionsĭuring the coming days, I will be blogging about several great criminal defense-friendly bills that have come out of this year’s Virginia legislative session. statute mainly applies to property trespassing crimes and not to such other crimes as theft.

As a Fairfax criminal defense lawyer, I know that a suspended imposition of sentence (“S.I.S.”) for a petty charge is better than a conviction, but also that Virginia’s S.I.S. Misdemeanor convictions can be more of a headache than thought at first blush, not only for a criminal defendant’s liberty, but also for reputation, security clearance, career and immigration purposes. Misdemeanor SIS expansion coming in VA says Fairfax criminal lawyer Misdemeanor suspended imposition of sentence expansion awaits Virginia governor’s signature, says Fairfax criminal defense lawyer