Probation Violations Defense FAQs

---

 A probation violation occurs when an individual fails to comply with the terms of their court-ordered probation. This can include missing meetings with a probation officer, failing drug tests, committing new crimes, or violating curfew or travel restrictions. Violations are prosecuted in Virginia Circuit Court or General District Court.

 Common probation violations include:

• Failing drug or alcohol tests 
• Missing scheduled check-ins with a probation officer 
• Committing new criminal offenses 
• Failing to pay court-ordered fines, restitution, or fees
• Violating travel restrictions or curfew

 Penalties vary depending on the severity of the violation and the original offense. They may include:

• Revocation of probation 
• Jail or prison time 
• Extension of probation 
• Additional fines or community service 
• Mandatory counseling or treatment programs 

 Not necessarily. A probation violation is a separate court proceeding and not automatically a new criminal charge. However, committing a new crime while on probation can lead to additional criminal charges and harsher penalties.

 Yes. If the court finds that a probation violation occurred, it may revoke probation and impose the original sentence, which could include jail or prison time. The severity depends on the nature of the violation and your prior record.

 In some cases, violations can be addressed through:

• Negotiation with the prosecutor 
• Presenting evidence of compliance or mitigating circumstances 
• Enrolling in treatment or rehabilitation programs
  An experienced attorney can advocate for alternative resolutions and minimize penalties.

 Yes. Probation violation hearings can result in immediate jail time or significant changes to your sentence. Legal representation is crucial to protect your rights and present mitigating factors to the court.

 Immediately. Early involvement allows your attorney to:

• Gather evidence supporting compliance 
• Negotiate with the court or probation officer 
• Prepare for a formal hearing

 Sometimes. Courts may offer:

• Reinstatement of probation with stricter conditions 
• Short-term modifications to the terms 
• Alternative sentencing programs

 Common defenses include:

• Disputing the alleged violation 
• Lack of intent or misunderstanding of probation terms 
• Procedural errors by probation officers or the court 
• New evidence proving compliance