Mark B. Arthur: Attorney at Law

In Virginia, probation is not a right, but a privilege. It is a "form of leniency" that allows a convicted criminal to remain in (or re-enter) society.   A defendant may be sentenced only to probation or probation may be granted after some jail time has been completed.  Defendants who are placed on probation are supervised by a probation officer.

But probation, as a form of leniency, can be revoked at any time. Revocation usually occurs if the defendant has violated whatever terms of the probation have been set forth by the judge.  These terms can include everything from drug screens, moving to a new residence without informing your probation officer, or being charged with new crimes, including traffic offenses. The sentencing judge has the authority to revoke any or all of your time based on the most minor violations.

The Winning Approach To Defending Probation Violations

At a revocation or probation violation hearing, the standard of proof is significantly lower than beyond a reasonable doubt as required in criminal cases. These cases are heard in front of the judge as you have no right to a jury trial. Since the standard of proof is so much lower it is important that you obtain skilled and competent counsel.

Probation violations are defended both pretrial and during trial. In defending you against charges of violating your probation, we will first work with the prosecutor to increase the chances that your case will be resolved by plea agreement that is acceptable to you. If it does proceed to a hearing however, we will work to ensure that the court finds that you did not violate your probation or that the circumstances were not so serious that you should be incarcerated. If we are representing you on new criminal violations, we will not only fight the new charges, but will work to ensure that any revocations run concurrently with the new charges.

If You are Facing A Probation Violation

Remember that the conditions of your probation are still very important. If you are required to complete a treatment program or pay restitution, try and do these things even while you are facing the revocation. This will help convince the judge that you are serious about abiding by the prior court order.

When you get notice that you are facing revocation, collect all of the information regarding the circumstances of your case. In Virginia, the probation officer usually writes a violation letter to the court which details all of the alleged violations that you committed during your probationary period. Additionally, during conversations with the probation officer they will usually tell you what violations they feel you have committed. Write all this down so that when you talk to your attorney, he will know best how to handle your case.