Probation Violations The Right Attorney Makes All The Difference

Virginia Beach Probation Violation Lawyer

Let Us Defend Your Rights and Freedom

If you’ve been convicted of a crime, the state may give you probation rather than time in prison. It is always in someone’s best interests to follow the terms of their probation. Otherwise, they will lose probationary privileges, and they could face incarceration.

If you’re facing a probation violation charge, talk to our skilled Virginia Beach probation violation attorney as soon as possible. The Law Offices of Daniel J. Miller can offer you dedicated representatives who will tenaciously defend your rights and your freedom.

Get your case started by calling us at (757) 267-4949 today!

Explaining Probation

Courts can sentence people to probation in addition to sending them to jail. When serving probation, you must regularly report to your probation officer. This person checks in on your progress and makes sure you are obeying the terms of your probation. There are rules that everyone under probation must obey. The officer may also make other demands you must follow.

Types of Probation Violations

Common types of probation violations include:

  • Failing to appear in court
  • Failing to secure regular work
  • Failing to pay court-ordered fines
  • Getting arrested for another offense
  • Failing to report to a probation officer
  • Taking trips out of state without permission
  • Going somewhere that your officer prohibited
  • Failing to meet court-ordered obligations, such as community service

Likewise, probation terms also have orders you must follow. For example, you are not allowed to possess a firearm, use an illegal substance, or leave the state. If you don’t follow the orders of your probation, your probation officer could report you have violated the terms of your probation.

The Probation Violation Process

If you’ve been accused of violating your probation, you can expect the following steps:

Wait for a Decision from your Probation Officer

Officers have a lot of power in these situations. They can essentially decide how to punish you for your alleged violation. They could have mercy on you and let you off with a warning, or they could suggest that you go to jail or prison.

Ultimately, the court will decide how to move forward, but it also trusts the officer’s decisions. It will usually favor their judgement and go along with their suggestions.

Attend a Hearing for Your Parole Violation

This process is like a criminal trial. The prosecution presents its evidence of your violation along with your parole officer’s testimony. In turn, you may present a defense against these claims.

The burden of proof, however, is far lower than it would be in a criminal case. To convict you, a criminal court must believe you are guilty beyond a reasonable doubt. It must be 100% sure that you committed the crime.

At a violation hearing, the court needs only a “preponderance of the evidence” to convict. It needs to be only 51% certain or more. This means you need a strong defense at your hearing. Our team will work hard to protect you against violation allegations. We want to keep you from suffering unnecessary, further consequences.

Penalties for Violating Probation in Virginia

If you are convicted of violating your probation, you could face:

  • Serving some time in jail
  • A longer probation period
  • Having your probation revoked and serving the remaining time in prison
  • Having additional terms added to the probation order; examples include community service and mandatory rehab

Let Us Defend You Against This Charge

To be charged with probation violation, the prosecution must provide evidence of the crime. Likewise, the violation must have been intentional or caused by severe carelessness. Mistakenly violating your probation is a common defense your attorneys might use. Let our skilled Virginia Beach criminal defense lawyers use their more than 20 years of legal experience to help your case.

Contact us online or call (757) 267-4949 to schedule your case consultation today.

Every Client Matters

Your Rights Deserve to Be Protected
  • Lindsey was great !

    “Lindsey was great ! Kept me updated and informed, Attorney Blair got me through a tough time and even though I ended up settling that was my choice to end it not Attorney Blair’s.. i appreciate everyone in the office for their help and hard work on my case as I know it takes many to get the job done… so happy to put this in the past and move on and live my life without this stress thanks again to all the staff and Attorney Blair”

    - Kimberly H.
  • I highly recommend his service.

    “Daniel Miller has done an excellent job with my case. I am so pleased with the outcome of my court hearing. His whole office is top notch providing professional guidance in my time of need. I made a bad decision that got me in trouble with the law. My decision to hire Mr Miller was the start of making good decisions. I was so impressed with my initial consultation on the phone with Mr Miller and even more impressed by his court hearing command. I highly recommend his service.”

    - Steve W.
  • I would recommend them to anyone

    I had a long and exhausting divorce and would like to thank Jeff Blair, Lindsey, and the whole team. I would recommend them to anyone going through a contested divorce

    - Maxwell M.
  • I would highly recommend

    “Attorney Miller, along with his paralegal staff, were very helpful during a time of immense stress for me. I would highly recommend him to anyone needing representation for traffic court.”

    - Jazmin T.
  • Mr. Miller is the best at what he does.

    “Mr. Miller is the best at what he does. He fights tooth and nail for you and gives you the best possible outcome. The entire firm staff was great as well. From constant check ups on you to how you are doing after. God Bless Them All.”

    - Mel C.
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Case Results

A Track Record of Success
  • Protective Order Domestic Violence

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Pre Litigation Defense – Rape Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped. She sought a two-year protective order and was seeking to have detectives assist in securing warrants against him. We suspect that the admissions made on cross-examination by the alleged victim at the hearing will prevent the Commonwealth from bringing any charges.

  • Protective Order Family Law

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home. We were successful in showing that she had motive to fabricate and that had consulted with an attorney regarding getting our client out of her house days before filing the request for a protective order.

  • Driving Under the Influence 4th Offense– Bond Hearing DUI

    Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.

  • Violation of Protective Order – Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family. The Commonwealth alleged that based upon several text exchanges that he had threatened his teenage children. Without the assistance of counsel, he received 90 days of active incarceration in lower Court. On appeal we were able to reduce his confinement to 24 hours – time served.

  • Breaking and Entering with Intent to Commit Misdemeanor Felony Defense

    Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

  • Third Offense Petty Larceny Felony Defense

    Our client was charged with felony third offense petty larceny, which carries a maximum sentence of five years in the Virginia State Penitentiary. We were successful in negotiating a reduction to a misdemeanor petty larceny charge with no active jail time.

  • Possession of Marijuana- Appeal Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge. We successfully argued that the Commonwealth had failed to prove constructive possession. The case was dismissed.

  • Driving Under the Influence DUI

    Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.

  • Domestic Violence Domestic Violence

    Our client was alleged to have assaulted the girlfriend of her child’s father during an exchange of the child at a police precinct. Phone video evidence and inconsistencies in the Prosecutor’s witness testimony led to a dismissal of the charge.

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  • A Proven Track Record of Results
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