Receiving a probationary sentence is often a huge relief in that the alternative is usually a jail sentence. However, being put on probation can make your everyday life a real challenge. Additionally, you have the stress of possible probation violations always hanging over your head. If you’ve been called in front of the judge for a violation of probation hearing, it is essential that you have an experienced Fairfax defense attorney by your side. Judges can impose incredibly harsh sentences if you are found in violation of your probation, and it is essential to do everything possible to prevent a violation.
Yes, if you have a probation violation hearing coming up, it is important you reach out to an experienced attorney before the hearing. If you’ve been placed on probation in Virginia, you must abide by the following:
- Report to your assigned probation officer in person or over the phone,
- Appear in court if and when requested,
- Not possessing a firearm,
- Abstaining from the use of drugs and alcohol,
- Maintaining employment,
- Not committing any crimes, and
- Not leaving the state of Virginia (unless given permission by your probation officer).
Failure to comply with any of these terms, or any other condition of probation, means the judge can revoke your probation and impose a new sentence. Often, sentences following probation violations are even harsher than the original sentence handed down by the judge.
What Are Common Probation Violations in Fairfax?
If your probation officer believes at any time that you may have violated your terms, you could be facing additional charges. Some of the most common probation violations include the following:
- Failure to report to your probation officer,
- Failure to appear in court,
- Failure to pay court-ordered fines,
- Being arrested for a new crime,
- Violating an ignition interlock requirement following a DUI conviction, and
- Testing positive for drugs or alcohol.
The penalties associated with violating a probation order in Virginia vary. Some of these penalties include the following:
- A longer period of probation,
- Possible jail time,
- Additional terms to the probation order, and
- Revoking the probation order altogether and serving the remaining probation time in jail.
If being found in violation is unavoidable, such as if you’ve been convicted of a new crime, the importance of mitigating information cannot be overstated. In this scenario, your attorney must create a compelling story about why the judge should allow you to remain out of custody despite the violation.Fight Your Probation Violation in Virginia
If you have been charged with violating your probation, the evidence must be shown by the prosecution. The prosecution must prove that the violation was intentional rather than a simple mistake, such as a faulty ignition interlock system in Loudoun. Accidentally violating probation is a common occurrence in Virginia and must be defended in order to avoid additional penalties. No matter your violation, whether intentional or accidental, you will need an attorney who knows how to fight it. You have the right to (1) see a written notice of your allegations and to (2) have your case heard in court. Do not simply accept a probation violation without consulting an Fairfax probation violations attorney who will fight against it.Contact an Experienced Fairfax Probation Violations Attorney for Immediate Assistance
If you were recently informed by your probation officer or the court that you have an upcoming violation of probation hearing, reach out to the dedicated criminal defense lawyers at Robinson Law, PLLC today. At Robinson Law, we not only have an in-depth understanding of the legal principles to govern VOP hearings, but we are also familiar with the local judges and know how to convincingly argue for leniency. To learn more, and to schedule a free consultation, call (703) 844-3746. You can also connect with us through our online form.