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What Happens if I Violate My Probation in Virginia?

Randall, Page & Bruch, P.C.

Virginia criminal law issues probation for anyone convicted of a criminal offense. It is in your best interest not to violate the terms of your probation, not even for a split second, as you could face additional charges and jail time. The Virginia criminal defense attorneys at Randall, Page & Bruch, P.C. explain probation violations in today’s blog.

What Are the Conditions of Probation in Virginia?

For the most part, the conditions of probation in Virginia include the following:

  • Reporting to your probation officer regularly
  • Finding and keeping steady employment
  • Not committing any new crimes
  • Not leaving the state without express permission
  • Regular testing for drugs and alcohol
  • Paying restitution to your victims as ordered by the court
  • Performing community service hours as ordered by the court

What Happens Should I Violate the Terms of My Probation?

If you violate even just one condition set forth in your probation, you could face the following:

  • The court can revoke your probation and order you to serve the remaining amount of time in jail
  • The court can add stricter terms to the probation
  • The court can add the additional time you are required to serve probation
  • You can be ordered to pay the amount of any fines originally suspended by the court

Common Probation Violations in Virginia

When someone violates the terms of their probation in Virginia it is considered a crime under Virginia law. This means that you can be sent to jail, ordered to pay fines, have your probation extended, and much more. The most common probation violations our criminal defense team handles include the following:

  • Failing to keep employment
  • Traveling outside of Virginia without approval
  • Failing to make a required court appearance
  • Not checking in with your probation officer
  • Being arrested for a new crime or facing new criminal charges related to an original offense
  • Failing to complete treatment or anger management as ordered by the court
  • Failing to complete court-ordered community service

What Are My Rights if I Violate Probation?

It is important to note that the court is not required to prove beyond a reasonable doubt that you have violated the terms of your probation, making it much harder for you to mount a defense to the claim. You will be convicted of a probation violation if the court can prove with a preponderance of the evidence that you violated the probation. In the majority of criminal cases in Virginia, hearsay is not admissible in court. However, it is in a probation violation case. Take note that probation is a privilege and not a right in Virginia. That is why you should consult with a Virginia criminal defense attorney if you violated your probation.

Call a Probation Violation Attorney Today

Did you violate your probation in Virginia? If so, it’s time to speak with an experienced Virginia criminal defense attorney from Randall, Page & Bruch, P.C. about your case. Call our office at 757-517-8956, or complete a contact form on our website to schedule a consultation at your convenience.

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