Date: 09-10-2024

Case Style:

Commonwealth of Virginia v. Eftakhar Alam

Case Number: 1366-23-4

Judge: Louise M. DiMatteo

Court: Circuit Court, Arlington County, Virginia

Plaintiff's Attorney: Arlington County Virginia Commonwealth's Attorney's Office

Defendant's Attorney:

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Description:

Arlington, Virginia criminal defense lawyer represented the defendant charged with rape.

In 2019, Eftakhar Alam pleaded guilty to rape under a plea agreement that postponed sentencing for three years. The agreement provided that if Alam complied with the conditions imposed during that three-year period, he could withdraw his guilty plea and plead guilty instead to assault and battery. In 2021, the General Assembly enacted Code § 19.2-306.1. 2021 Va. Acts Spec. Sess. I ch. 538. That statute lists ten "technical" violations of probation. It provides that a trial court may not impose a sentence of incarceration for the "first technical violation" and may impose a sentence not longer than 14 days for "a second technical violation." Code § 19.2-306.1(A), (C). At Alam's three-year sentencing hearing in 2022, the trial judge heard evidence showing Alam's multiple violations of the plea agreement's conditions. The evidence included journal entries by Alam's ex-wife that documented Alam's numerous trips to Pennsylvania without the permission of his probation officer.

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Alam v. Commonwealth, 1366-23-4 (Va. App. Sep 10, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: