One of the standard conditions imposed as part of a criminal sentence is probation. When people violate the terms of their probation, they have to appear in court for a violation of probation hearing. A negative outcome of a violation of probation hearing can result in serving time in jail or prison.
Do not make the mistake of thinking that a violation of probation hearing is not a serious matter. It is. If you have been accused of violating the terms of your probation, connect with our Richmond violation of probation attorneys from Portner & Shure, P.A. right away. We can craft an argument to convince the administrative judge to not further penalize you for breaking probation, whether it was an accident or not.
Call Portner & Shure at or contact us online as soon as you can.
What Is Probation?
When a person is sentenced for a criminal case, they are often placed on probation. The benefit of probation is that a judge will suspend all or part of a person’s sentence, thereby reducing the amount of incarcerable time a person serves. For example, if a judge imposes a sentence of 2 years and suspends 1 year, a person only has to serve 1 year of jail time. Probation allows a judge to maintain a level of control and supervision by requiring that a person on probation obey certain terms and conditions.
These terms and conditions often include:
- Obey all laws
- Drug and alcohol treatment
- Drug and alcohol testing
- Pay all fines
- Restitution
- Regular meetings with a probation officer
If a person obeys the terms and conditions of their probation, they remain free during the term of their probation. If a person is found to have violated their probation, their probation can be revoked, and they may have to serve the remainder of their suspended sentence.
Violations & Penalties
Everyone makes mistakes. Some mistakes can result in a person violating their probation, though.
People are frequently accused of violating their probation for:
- Failing to report a probation officer
- Failing a drug or alcohol test
- Associated with known criminals
- Committing a new crime
- Leaving Virginia without permission
If a person is found to have violated their probation, a judge can order them to serve the remainder or portion of their remaining sentence. In lieu of incarceration, a judge can instead lengthen a person’s probation.
Defenses to Violation of Probation Accusations
When a person is accused of violating their probation, the Commonwealth’s Attorney must prove the allegation and that a person intentionally violated their probation. Accidental violations are often not enough to justify further penalizing the defendant. A review of the evidence may show that the alleged violation was not intentional, so our Richmond violation of probation attorneys may want to focus on that angle to defeat the entire case against you.
Choosing Us is Easy Thanks to Our Experience
If you are facing a violation of probation hearing, there is a strong possibility that it can end with you going to jail. Let our experienced Richmond violation probation attorneys at Portner & Shure, P.A. stand up for you in court. This is what we have been doing for more than 30 years!
