Vienna, Virginia Violation of Probation Lawyer
Avoid Further Legal Backlash & Complications
People who plead guilty to a criminal charge or who are found guilty of a criminal charge at trial usually receive probation as part of their sentence. Probation comes with all sorts of rules that must be followed to the letter. The consequences for violating probation, intentionally or accidentally, can be severe, including placing you in jail or prison for the rest of your sentence.
To make certain your probation violation case is handled correctly, come to Portner & Shure, P.A. in Vienna, Virginia. Our attorneys are trusted by locals throughout the region for all sorts of criminal defense matters, including complex probation violation cases.
Discover what to do when you have or are accused of violating the terms of your probation. Call (703) 291-3263.
What is Probation?
Probation is essentially a contract between a judge and a criminal defendant that says the defendant will “behave” if they are allowed to serve a sentence out of prison or jail. Probation is ordered with certain terms and conditions that must be followed by the defendant. The terms will change from case to case, so you should work with your lawyer to make certain you understand what is expected of you while you are on probation.
Probation terms will usually include the following general requirements:
- Obey all laws
- Attend drug and alcohol treatment courses
- Allow drug and alcohol testing, sometimes at random
- Pay all fines and restitution
- Complete regular meetings with a probation officer
If an individual follows the terms of their probation and successfully completes it, they are allowed to remain free. If a person violates their probation, even to the slightest degree, they may be ordered to serve the remainder of their suspended sentence.
Probation will usually suspend on a portion of a jail or prison sentence. For example, if a judge imposes a sentence of one year but suspends the entire sentence, a violation of probation may result in a criminal defendant having to serve the entire one-year sentence, anyway.
Probation Violations & Penalties
Some of the most common types of probation violations in Virginia are:
- Failing to report to a probation officer
- Failing a drug or alcohol test
- Associating with known criminals
- Committing or being charged with a crime
- Leaving Virginia without permission
When probation is violated, it is largely up to a judge’s discretion as to how to penalize the alleged violator. In many cases, the decision is reached to send the defendant to jail or prison to complete their sentence. Or a judge may extend the probation duration significantly without immediately sending that defendant behind bars.
Defenses Probation Violation Accusations
The state must prove that you intentionally violated your probation in order to justify further punishments being used against you. The fact that you must have had the “intent” to violate probation works in your favor, as it is difficult for a court to justify penalizing you due to an honest mistake.
A careful review of the evidence by our Vienna probation violation attorneys could allow us to find weak spots in the opposition’s arguments. We will aim to defeat the state’s case against you before it even has a chance to gain momentum.
25+ Years of Legal Experience Matters
At Portner & Shure, P.A., our Vienna, Virginia probation of violation attorneys have been successfully representing clients in hearings in Northern Virginia Courts for more than 25 years. We have built a reputation for success secured through advanced legal knowledge, client-focused approaches, and hard work. When you are accused of violating probation, you should see what our team can do for you.
To schedule a free consultation regarding your violation of probation case, contact us at (703) 291-3263 or use an online form.
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