Va. R. Sup. Ct. Form 10

As amended through September 26, 2024
Form 10 - Contents of Sentencing Orders

(Pursuant to the provisions of Code § 19.2-307, all orders wherein an accused is sentenced for a criminal conviction should conform substantially to the following form. In cases where no prior criminal conviction order has been entered of record, state the defendant's plea, the verdict or findings, the adjudication, whether or not the case was tried by a jury, and, if not, whether the consent of the accused was concurred in by the court and the attorney for the Commonwealth.)

SENTENCING ORDER

VIRGINIA: IN THE CIRCUIT COURT OF

FEDERAL INFORMATION PROCESSING

STANDARDS CODE:

Hearing Date:

Judge:

This case came before the Court for sentencing of the defendant, who appeared in person with his attorney, ............................................................................................................................................................. . The Commonwealth was represented by .......................................................................................................................... . On .............................................. the defendant was found guilty of the following offenses:

Offense Tracking Number

Virginia Crime Code (For Administrative Use Only)

Code Section

Case Number

Offense Date:

Description:

Offense Date:

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Offense Date:

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[ ] The presentence report was considered and is ordered filed as a part of the record in this case in accordance with the provisions of Virginia Code § 19.2-299.

[ ] No presentence report was ordered.

Pursuant to the provisions of Virginia Code § 19.2-298.01, the Court has considered and reviewed the applicable discretionary sentencing guidelines and the guidelines worksheets. The sentencing guidelines worksheets and the written explanation of any departure from the guidelines are ordered filed as a part of the record in this case. 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.

COMMONWEALTH OF VIRGINIA v. .................................................................................................... , Defendant

The Court SENTENCES the defendant to:

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Case No. ................................................. Description .......................................................................................................

[ ] Incarceration with the Virginia Department of Corrections for the term of: .......... years ........... months ........... days

[ ] FINE. The defendant is ordered to pay fine(s) in the amount of $ ..........................

[ ] COSTS. The defendant is ordered to pay all costs of this case.

[ ] RESTITUTION. The defendant is ordered to make restitution as set forth in the ORDER FOR RESTITUTION.

[ ] DRIVER'S LICENSE SUSPENSION: The defendant's license has been suspended

[ ] for a period of ............. years ............... months .............. days [ ] indefinitely.

[ ] RESTRICTED DRIVER'S LICENSE: A restricted driver's license was issued by separate order.

[ ] The court SUSPENDS ............... years ............ months ................ days of incarceration ........................... fine for a period of ............................ upon the condition(s) specified in Suspended Sentence Conditions.

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Case No. ................................................. Description .......................................................................................................

[ ] Incarceration with the Virginia Department of Corrections for the term of: .......... years ........... months ........... days

[ ] FINE. The defendant is ordered to pay fine(s) in the amount of $ ..........................

[ ] COSTS. The defendant is ordered to pay all costs of this case.

[ ] RESTITUTION. The defendant is ordered to make restitution as set forth in the ORDER FOR RESTITUTION.

[ ] DRIVER'S LICENSE SUSPENSION: The defendant's license has been suspended

[ ] for a period of ............. years ............... months .............. days [ ] indefinitely.

[ ] RESTRICTED DRIVER'S LICENSE: A restricted driver's license was issued by separate order.

[ ] The court SUSPENDS ............... years ............ months ................ days of incarceration ........................... fine for a period of ............................ upon the condition(s) specified in Suspended Sentence Conditions.

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Case No. ................................................. Description .......................................................................................................

[ ] Incarceration with the Virginia Department of Corrections for the term of: .......... years ........... months ........... days

[ ] FINE. The defendant is ordered to pay fine(s) in the amount of $ ..........................

[ ] COSTS. The defendant is ordered to pay all costs of this case.

[ ] RESTITUTION. The defendant is ordered to make restitution as set forth in the ORDER FOR RESTITUTION.

[ ] DRIVER'S LICENSE SUSPENSION: The defendant's license has been suspended

[ ] for a period of ............. years ............... months .............. days [ ] indefinitely.

[ ] RESTRICTED DRIVER'S LICENSE: A restricted driver's license was issued by separate order.

[ ] The court SUSPENDS ............... years ............ months ................ days of incarceration ........................... fine for a period of ............................ upon the condition(s) specified in Suspended Sentence Conditions.

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COMMONWEALTH OF VIRGINIA v. .................................................................................................................. , Defendant

Consecutive/concurrent:

[ ] These sentences are to run consecutively with all other sentences.

[ ] These sentences are to run concurrently with all other sentences.

[ ] These sentences are to run consecutively/concurrently as described:

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Suspended Sentence Conditions:

Good Behavior: The defendant must be of good behavior for the entire period of any suspended sentence ordered.

[ ] Supervised Probation: The defendant is placed on probation under the supervision of a Probation Officer to commence [ ] upon sentencing [ ] upon release from incarceration for ...... years .................... months ...... days or unless sooner released by the court or by the Probation Officer. The defendant must comply with all the rules and requirements set by the Probation Officer. Probation may include substance abuse counseling and/or testing as prescribed by the Probation Officer.

[ ] Community Corrections Alternative Program pursuant to Virginia Code § 19.2-316.4: The defendant must successfully complete the Community Corrections Alternative Program. Successful completion of the program must be followed by a period of supervised probation of

..............................................

[ ] The defendant will remain in custody until program entry.

[ ] Registration pursuant to Code § 9.1-903 for offenses defined in § 9.1-902 is required.

[ ] The defendant must provide a DNA sample and legible fingerprints as directed.

[ ] Additional conditions of suspended sentence:

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[ ] The defendant must make restitution as set forth in the ORDER FOR RESTITUTION.

COMMONWEALTH OF VIRGINIA v. .................................................................................................... , Defendant

Post-incarceration supervision following felony conviction pursuant to Virginia Code § 18.2-10 and 19.2-295.2:

[ ] Post-Incarceration Supervised Probation: The defendant is placed on supervised probation to commence upon ................................................................................................................................ release from incarceration for a period of ................................................................................................. , unless released earlier by the court. The defendant must comply with all the rules and requirements set by the Probation Officer.

[ ] Post-Incarceration Post-Release Supervision: In addition to the above sentence of incarceration, the court imposes an additional term of .................................................................. of incarceration. This term is suspended and a ......................................................................................................... period of post-release supervision of is imposed, which is to commence upon release from incarceration. The defendant must comply with all the rules and requirements set by the Probation Officer.

[ ]

[ ] The defendant was remanded to the custody of the sheriff.

[ ] The defendant was remanded to the custody of the sheriff.

The defendant will be given credit for time spent in confinement while awaiting trial pursuant to Virginia Code § 53.1-187.S uch credit for time includes any time spent in pretrial confinement or detention on separate, dismissed, or nolle prosequi charges that are from the same act as the violation for which the person is convicted and sentenced to a term of confinement.

ENTER this ........... day of ........................................................... . ........................................................................................................ , Judge

DEFENDANT IDENTIFICATION:

Name: ............................................................................................

Alias: .............................................................................................

SSN: ............................. DOB: .......... / ........ / ........ Sex: .........

SENTENCE SUMMARY:

Total Incarceration Sentence Imposed: ..................................................................................................................................

Total Sentence Suspended: ..................................................................................................................................

Total Supervised Probation Term: ...............................................................................................................................

Total Post-release Term Imposed and Suspended: ..............................................................................................................

Total Fine Imposed: $ .........................................................

Total Fine Suspended: $ .........................................................

Va. Sup. Ct. Form 10

Amended by order dated December 22, 2004; effective immediately; amended by order dated February 28, 2006; effective 5/1/2006; amended by Order dated March 1, 2011; effective 5/2/2011; amended by Order dated January 25, 2018; effective 4/1/2018; amended by order dated January 9, 2020, effective immediately; amended by order dated June 4, 2020, effective immediately; amended by order dated August 11, 2021, effective 10/11/2021; amended by order dated August 18, 2022, effective 8/18/2022; amended by order dated May 26, 2023, effective 5/26/2023.