Might Be in Violation of Your Probation? Let Virginia Probation Violation Attorney Joseph Yoon Fight for You
- 19.2-306 – Revocation of suspension of sentence and probation
Probation can be proposed by the courts as an alternative for jail time to those who have been convicted of an offense. (This is often commonly confused with “parole”, which functions similarly, but involves being released short of completion of a jail/prison sentence to be under supervision of a parole officer aiding reintegration.) If you are on probation, you may have been given the option to either go through it instead of doing jail time, or immediately following serving time in jail.
The court is essentially foregoing jail sentencing and related penalties because you were able to successfully demonstrate that you believed the offense was wrong, and that you will take the appropriate measures to show that you believe so and that it won’t happen again. However, when the court issues probation, they expect the conditions to be met to the fullest, and any slip-ups might have you looking at the original penalties again.
Probation Officers and Violations
You’ve likely been assigned a probation officer, who serves as a supervisor to ensure all the conditions are being met and who you report to. It is their job to investigate and communicate to the judge any issues, make reports, conduct drug/alcohol testings, as well as to provide support (Va. Code § 53.1-145). They can notify the courts if they have determined you have not followed through with a requirement which can result in a violation, and the abrupt end of your probation. They typically require you to check in every so often on a scheduled basis, and failing to do that (without prior notification), or not showing to court, not paying fines when they are due, failing drug/alcohol testings, failing to go to counseling services and/or community service, committing other crimes, or other specific conditions depending on what kind of charge you received the probation for can result in a violation report.
Whether the probation officer may decide to report the violation or not and initiate a hearing can depend on a few factors, such as if you were issued any violations or warnings before, and of course, the severity of and what the violation was itself. According to Va. Code § 19.2-306, the court can revoke the probation for “any cause the court deems sufficient” that occurred during the probation period. However, it is ultimately up to the judge to decide if there indeed was a violation based off the probation officer’s reports, and it is up to your probation violation attorney to convince them otherwise on your behalf.
Don’t Risk Losing Your Probation and Facing Jail Time
Receiving probation can be a great outcome instead of facing the penalties of a conviction, but when it comes to being guilty of violating said probation, second chances are not something the courts are too fond of. If you are found guilty of doing so, you could be facing the original penalties again, including jail time or more, and good likelihood of it if you are found convicted. The chance to avoid that and other repercussions in your personal life would be now, and if you wish to take advantage of that opportunity, it would be wise to seek experienced legal counsel who will fight on your behalf in court. Probation Violation Attorney Joseph Yoon promises to strive to emphasize in court the good that came from the probation and how it overshadows the potential violation in question. Give Yoon Law Firm, PLLC, a quick call for a free confidential consultation to find out possible defenses based on the circumstances of your potential violation.
At Yoon Law Firm, PLLC, right by the Fairfax County Courthouse of Virginia, we assist clients with probation violations charges in:
Town of Herndon
Town of Vienna
Prince William County
City of Falls Church
United States District Court for the Eastern District Alexandria Division