How Does Probation Work in Virginia?

Probation is a much less severe punishment that allows you, when convicted of a crime, to remain at your home and possibly even continue working. This is done by the court by suspending some of the sentence it imposes so that you will be released from incarceration after serving an active sentence and the remainder of the sentence will remain suspended while you are on probation.

If you have the right lawyer on your side and are sentenced to probation, the judge will mandate a set of conditions you must follow during your probation period; keeping within these court imposed conditions is mandatory to maintain your freedom.

Just some of the standard requirements set by Virginia courts include:

  • You must report, usually at specific times, to a probation officer on the phone or in person.
  • You must appear at any court hearings at their scheduled times.
  • You cannot possess a firearm or use drugs, alcohol or marijuana.
  • You usually must be employed.
  • Of course, you cannot commit any other crimes and cannot usually leave Virginia without the court’s specific permission.

You must note that if you violate any of the court-mandated terms of your probation, you could face additional criminal charges and possibly be sent to jail.

Some of the common types of probation violations are:

  • Failing to report to your probation officer.
  • Failing to attend court hearings or paying fines as ordered in your sentence.
  • Committing other crimes
  • Failing drug, alcohol or marijuana screening test.
  • Not maintaining employment.

If you have failed to follow the rules of your probation in any manner, you must seek qualified, knowledgeable, and professional legal advice immediately. Don’t wait until the court contacts you; your lawyer will work rapidly to get ahead of the situation, protect your rights, and maintain your continued freedom.

What Could Happen If I Don’t Follow the Rules of My Probation?

Your thorough probation violation lawyer will explain that the consequences you could face if you violate your probation usually depend on many factors. Factors such as the severity of a new crime you may have committed, whether you’ve had other probation violations, etc.

You also must note that your probation officer has some discretion in the steps they could take regarding your violation. If it’s your first time, the officer may warn you or report your violation to the court.

If your violation is reported, you must attend a court hearing to decide whether you violated your probation and if so what your penalties will be.

Just remember that you are now in legal jeopardy and could face some of the following consequences for probation violations:

  • Your probation period could be extended following Virginia’s probation laws.
  • Additional terms could be added to your probation, such as community service or attending drug or alcohol counseling.
  • The court may revoke your suspended sentence and require you to serve some or all of your suspended sentence.

However, getting your probation violation lawyer involved as soon as possible will usually help mitigate any repercussions or penalties in your favor; don’t even attempt to face this complex legal issue alone.

What Strategies Could My Lawyer Use To Defend a Violation of Probation Charge?

If you are accused of violating the terms of your probation, your experienced, well-versed criminal defense lawyer can draft various defenses to defend or contest the charges against you.

At times, these defense strategies successfully contest the violation of probation charges and defeat the prosecutor’s claims. Other types of defenses may be more practical solutions that apply to why you violated your probation and convince the judge to allow you to remain on probation, drop the charges, or result in far less severe penalties.

Just some of the ways your lawyer may defend your violation of probation charge may include:

  • Ensure that the prosecutor proves your probation violation was intentional. Proving that your violation was just an error is often a common and effective defense.
  • Let’s say you honestly did not violate your probation. In this case, your aggressive, knowledgeable probation violation lawyer will work tirelessly to defend the charges against you. They may thoroughly investigate the claim, interview witnesses, or obtain documents substantiating your defense.
  • If you had a positive alcohol or drug test, your lawyer could hire an expert witness to challenge the results.
  • Additionally, If you have a drug or alcohol problem, your lawyer could recommend that you begin a drug or alcohol counseling program or join a group such as Alcoholics Anonymous to avoid more dire consequences.
  • Let’s say you’re in a court-ordered program such as counseling, community service, etc., and failed to attend. Your skilled and experienced lawyer may admit you committed the violation but have already resolved the issue with the prosecutor. This may allow you to get back on track without facing further penalties.

In most cases of probation violation, there are sound, prudent legal means that your compassionate, highly experienced violation of probation lawyer can use in your defense. However, time is never on your side, so if you violate any probation requirement, you must contact your lawyer immediately.

Have There Been Any Changes to Virginia’s Limits on Probation Sentences?

This simple answer is yes, there is. In 2021, a new probation bill was signed into law. Before the bill, Virginia was one of seven states with no limit on the length of probation sentences.

Before this change, many people were returned to prison for technical violations rather than actual crimes. For example, you might be sent back to jail for missing a meeting with a probation officer or forgetting to report a job change.

The new 2021 Virginia law now imposes more reasonable adult probation sentences. The revisions to these laws prohibit the Virginia courts from:

  • Sending you back to prison for the first technical violation of probation terms.
  • Imposing a prison sentence of more than 14 days for a second technical violation

However, you need to know that if you have a third or subsequent technical violation, the judge may send you back to jail for the remainder of the suspended sentence.

The intent of this new and more compassionate law is to allow you to rebuild your life rather than serve additional prison time for technical violations or non-criminal mistakes.

However, this new law is legally complex, and to fully understand it, you must know how Virginia law defines a technical probation violation. Using this new law in your defense must be done by a professional, as legal expertise, the proper presentation of your case, and sound legal arguments are mandatory to your success and your freedom.

I Am Facing a Violation of Probation Hearing; How Should I Proceed?

If you are facing a probation violation hearing in Virginia, your future and your freedom may be at stake. Therefore, ensuring an experienced, highly skilled, and knowledgeable criminal defense lawyer is mandatory.

Even if it seems to be a simple technical violation, and with some of the new laws in Virginia, you are still at considerable risk. Your well-prepared and thorough criminal defense law team will have sifted through and analyzed all the specifics of your violation and be ready to defend you in the best way possible.

The criminal defense lawyers at The Law Office of Seth C. Weston are passionate, have the resources, and are fully committed to helping you through this complex legal process and achieving the best possible outcome.

Call them today at 540-384-4585 and schedule a free consultation on your unique case. Don’t hesitate, as your rights, future, and freedom are on the line.