Probation Violation

Every felony sentence comes with probation, usually supervised by the local probation office. The length of probation varies from case to case and depends on my factors but is largely left to the discretion of the judge.

Conditions that must be followed during probation

All probation terms have certain conditions in common, including:
• the requirement to be of good behavior,
• compliance with probation appointments
• drug testing
• prohibition from using alcohol
• restrictions on travel.

Some offenses may require specific mental health treatment For example, most felony sex crimes require sex offender treatment. Drug offenses often require a substance abuse screening and assessment and compliance with any treatment deemed necessary by probation.

Consequences of violating probation

Failure to follow any probation condition will result in a withdrawal of probation. Most of the time this means the possibility of imposing a suspended sentence that was given on the original sentencing date. In the example above, if the person’s probation was revoked, he or she could be given a sentence of up to 4 years imprisonment if found in violation. Additional probation may or may not be granted.

Be proactive while on probation

It is extremely important to be proactive when on probation. Most probation officers will not go out of their way to make sure you attend appointments or otherwise comply. Also, incurring a new charge while on probation is a sure-fire way to a revocation.

However, it is possible to face a probation revocation for unjustified reasons as well, such as a false positive on a drug screen, or an unintentional missed appointment. Written and in-person communication with the probation office is the key to success. And the more proactive you are while on probation, the better chance you have at early probation termination.

Consult with a Virginia Criminal Defense Attorney Right Away

If you did violate the terms of your probation, there may still be strategies available to minimize the impact. But it is essential to retain an attorney experienced in probation violation cases. An attorney familiar with procedures and local and state laws will be able to explain your options and help you obtain the most favorable outcome.

Contact Nichols Zauzig criminal defense attorneys today for a free consultation about parole and probation in Virginia. Call us at 703-492-4200 or email us online. We know you’re worried. We’re here for you.

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