Virginia Probation Violations
By Vaughan C. Jones
Jan. 21, 2011 4:20p
Probation can either be part of an individual's criminal sentence or all of it. When convicted criminals are given probation after their jail sentence or in lieu of a jail sentence, they are allowed to be members of their community once again. However, when a criminal defendant violates any of the terms of his or her probation, they can be sent right back to jail.
Probation and parole are not the same; probation is either given as a sole consequence of a crime, without jail time or, probation comes after a county jail sentence. Parole on the other hand, follows a state prison sentence and is granted, after the person serves time in prison. Some of the common ways to violate probation include but are not limited to:
- Failure to Appear: Many people who are on probation will have a scheduled court appearance, which is intended to go over how the defendant is doing in his community. If the defendant fails to appear to the scheduled court appearance, he may be in violation of his probation.
- Failure to Report: Defendants are scheduled to report to their probation officer at a specified time, failure to do so results in a probation violation.
- Violation of Rules: Every probation case is unique. When a defendant is prohibited from going a certain place, or visiting a certain person and they do so anyway, they are in violation of their probation.
- Failure to Comply: When a defendant fails to complete mandatory rehabilitation or community service.
- Possession of Illegal Substances: This is one of the most common violations. Possessing an illegal weapon or drugs is a violation.
- Committing a Crime: People on probation cannot commit any new crimes, doing so is a probation violation.
- Getting Arrested: Whether you are innocent or not, being arrested is a probation violation.
Probation Violations Attorney in Virginia
Each defendant has his or her own unique set of probation terms and unfortunately, it can be very easy to violate them. The cause can be a simple mistake on your end or an error on the probation officer's part, either way, if you have violated any of the terms of your probation, a criminal defense lawyer from the Law Offices of Vaughan C. Jones can help.
Contact a Richmond Probation Violation Attorney from our firm today for a free consultation.
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