Depending on the crime and the discretion of the judge, a person may receive probation as a penalty for violating probation. This option is appealing to many offenders, as it allows them to skip jail time and sometimes even reduces other penalties; however, if the terms of the probation are violated for any reason, they could face penalties even more severe than what they were originally assigned.
What Is Probation?
Probation is a period of close monitoring from a designated probation officer. It is only available for crimes such as misdemeanors and drug or alcohol offenses. In some situations, a person may be sentenced to a short time in jail on the condition of an extended probation period upon release.
Conditions of probation typically include:
- reporting to a probation officer on a weekly or monthly basis;
- allowing visits with a probation officer at their workplace or home;
- prohibiting possession of a firearm;
- prohibiting use of any illegal substances;
- prohibiting any criminal activity;
- prohibiting departure from the state; and/or
- keeping steady employment.
What Is a Probation Violation?
In Virginia, violating probation can result in considerable penalties.
Common examples of probation violations include:
- failure to appear at scheduled court hearings;
- failure to report to a probation officer;
- failure to pay court fines, restitutions, or compensation to a victim (if it was court-ordered);
- visiting places or people they were ordered to stay away from;
- traveling out of state without permission from their probation officer or the court;
- using, possessing, or selling illegal drugs;
- committing any other crimes;
- failure to complete community service or court-ordered drug or alcohol counseling; or
- not finding or keeping a job.
Penalties for Violating Probation
The consequences of violating probation vary depending on a few factors, including if the person has violated terms of probation in the past and the severity of the violation.
The consequences of a probation violation can include:
- Extension of the probationary period;
- Addition of more terms to the probation, such as being required to complete community service or attend drug or alcohol counseling;
- A short sentence in jail; and/or
- Revocation of probation altogether and being sent back to prison.
Accused of Violating Probation? The Law Offices of Daniel J. Miller Can Help.
If you are being accused of violating your probation, our attorneys can provide you with a strong defense. There are many reasons a person may mistakenly violate the terms of their probation. We will do everything we can to defend your case.