Parole Attorney In Virginia – Old Law, Juvenile and Fishback
Parole Attorney for Old Law, Juvenile, Fishback and Geriatric in Virginia
Virginia abolished discretionary parole for felony offenses committed on or after January 1, 1995. Several important exceptions remain.
Juvenile Parole
Under Fishback v. Commonwealth, 260 Va. 104 (2000), and the 2020 amendment to Va. Code § 53.1-165.1(B), a defendant sentenced by a jury that was never instructed that parole had been abolished may be eligible for parole consideration. Confirm the current eligibility window before publishing. Separately, anyone whose felony offense was committed before January 1, 1995 remains parole eligible as an “old law” inmate.
Fishback Parole
Under Fishback v. Commonwealth (2000), a defendant sentenced by a jury that was never instructed that parole had been abolished may be eligible for parole consideration. Verify the applicable date window before publishing.
Geriatric Release
Under Va. Code § 53.1-40.01, a prisoner who is 60 or older and has served at least 10 years, or 65 or older and has served at least 5 years, may petition the Parole Board for conditional geriatric release. Class 1 felonies are excluded.
Criminal Attorney for Parole
Virginia Post-Conviction represents inmates in parole and geriatric release matters throughout Virginia. Our office is located in Fairfax but we practice all over Virginia. Schedule your consultation today by calling (703) 691‑8410.
