Probation Violation in Virginia

Instead of sending individuals convicted of a crime to prison or charging them fines, courts in Virginia commonly place these individuals on probation. Probation is actually the most common sentence given out in Virginia, with more than 60,000 criminals on probation. Rather than serving jail time, when on probation the offender will serve their sentence while living in their home and continuing with their usual employment. However, there are strict terms of the sentence that must be adhered to, and breaking these terms is known as a probation violation.

Probation violation Virginia is a serious crime and consequences include finishing the remainder of the sentence in jail or paying court fines. This guide will discuss in detail what happens if you violate probation in Virginia, including the hearing process, rights, and common defenses.

In Virginia, a defense lawyer can negotiate a plea with the courts and seek a probation order, rather than the usual probation violation Virginia consequences. Probation is only offered as a sentence for minor crimes, misdemeanors, and specific felony offenses, and is not offered in cases of violent offenses or major crimes such as rape or murder. A probation order is also much more likely to be sentenced if the defendant pleads guilty to their crime.

As outlined in the Code of Virginia, the courts will decide the exact conditions of the probation order. These conditions will determine the probation period and set the rules that work towards ensuring the offender behaves responsibly. The precise conditions and their severity will vary depending on the specifics of each case, but typically include:

A probation violation Virginia is defined as when any of the conditions of the probation decided by the court are broken. This could include failing to report to the probation officer, not paying restitution to the victim on time, or having a positive drug or alcohol test result. The first violation of probation is seen as a serious crime, and by violating the probation order, both substantially and intentionally, the offender can face further criminal charges.

If it is believed that there has been a probation violation, the probation officer will first file a character reference letter for court. Another document will be an affidavit to the judge stating how the conditions have been breached. The judge will then file a violation of probation warrant and the offender will have to go to jail before appearing in front of the court. The court will then decide the appropriate course of action and impose penalties during a probation violation hearing.

The outcome of the probation violation 1st offense Virginia depends on the nature of the infringement, with more severe breaches resulting in more serious punishment like sentence for probation violation. For any penalties, the violation must also be intentional.

To decide the appropriate penalties for the probation violation 1st offense Virginia, there will be a violation hearing before the courts. During the hearing, the prosecutor will first outline the conditions they believe have been breached. Then to win their case, they will try to prove that the breaking of the conditions was intentional or due to carelessness. The defense attorney will then argue against the evidence by interviewing witnesses and investigating the claims in an attempt to reduce the penalties. Upon hearing both sides, a judge will determine the appropriate action regarding the violated deferred adjudication.

In addition, convictions of probation violation do not have to be without reasonable doubt. Instead, the defendant may be convicted with preponderance, meaning a lower standard of evidence is needed to prove a case. All defense attorneys should be aware of this difference in standards when building their cases for a violation hearing.

Anyone facing a probation violation hearing should seek legal advice from a criminal defense lawyer. There is a range of different arguments a lawyer working on the case may pursue. The choice of the angle depends on the evidence presented by the state. However, what are probation violations examples of defenses?

So what is probation violation in Virginia? It is a privilege to be placed on probation rather than facing more severe penalties and punishments. Therefore, any offender should do their absolute best to adhere to the terms of their probation sentence. With that being said, probation violations in Virginia do occur and can arise both intentionally and unintentionally. Whereas accidental breaches are dismissed, deliberate or planned infringements of the conditions of probation can result in further criminal charges. And what are probation violations consequences then? The judge may determine stricter probation terms, revoke the sentence, or extend the probation period.

Any defense attorney working on a violation of probation case needs to be aware that offenders do not receive the same criminal rights, and individuals can be convicted with preponderance. For this reason, any defense case needs to aggressively disprove any evidence presented by the state. Alternatively, providing evidence that the offender broke the conditions unintentionally can have the charges dismissed.