What Are The Consequences Of Violating Probation In Fairfax?
Are there repercussions for disobeying the terms of a probation in Virginia? Find out here.
Probation is usually granted as an alternative to jail for either misdemeanor or felony offenses. It can also be included as a part of sentencing, in addition to jail time – to reduce the time of imprisonment.
Probation is very intriguing for offenders, because oftentimes they get to carry on with life, as if nothing happened. But there’s a catch:
Common Terms and Conditions of Probation
- The defendant has to be on his or her best behavior, which means avoiding repeat or new offenses.
- The defendant has to earn and maintain a decent living, in order to pay victim restitution if applicable.
- The defendant has to meet or contact their probation officer on schedule.
- The defendant has to participate in regulated community service, if applicable.
- The defendant has to pay all outlined fees, including victim restitution – on time.
- The defendant has to refrain from drug or alcohol use.
- The defendant has to remain in state or county lines.
- The defendant has to undergo the outlined evaluations ordered by the court, for offenses like drug possession or sex offenses as examples.
- The defendant has to wear an ankle monitor or electronic monitoring device.
These are just a few examples of common probation prerequisites, and if these are violated, then several chain of events typically unfold.
An example of probation terms:
Aiden was charged and convicted with a first-time petty theft, and instead of the one-year jail penalty, his lawyer plea bargained with the prosecutor for probation. He is ordered to pay all amounts owed to the victim, and maintain the terms of the probation.
Common ways to violate a probation include:
- Avoiding intermittent reporting to the assigned probation officer.
- Failing random drug or alcohol tests.
- Intentionally avoiding payments, even when the resources are available.
- Not showing up in court on the date issued.
What Are The Consequences of Violating Probation?
In most cases, the offender will need to attend a probation revocation hearing in the district court. According to the code of Virginia, the judge will either revoke the probation and sentence offenders to the original or partial penalties, which may include jail time. Nevertheless, there are defenses for violating probation.
The judge, after hearing these defenses, may decide on one of three actions:
- Reestablish the original terms of the probation.
- Continue probation with stricter guidelines.
- Suspend the probation altogether and sentence offenders to imprisonment.
If you’ve noticed, probation hearings and outcomes are ruled by a judge, rather than a jury. In addition, the prosecutor will need to prove that you’re more inclined to be guilty than innocent, as opposed to gathering any relevant evidence during trials.
There are ways to fight to keep a probation with the aid of an attorney.
