Lincoln Probation Attorney
For people who have committed a misdemeanor or felonies that do not involve violence, probation is a possible alternative to the original sentence their crimes indicated, such as a lengthy jail sentence, hefty fines, or both. A probation can last for a year or up to 5 years depending on the offense given and the assessment by both the court and the probation officer that will be assigned to the case. However, it is also important to note that the courts can waive, extend or revoke these probations at any given time.
Once a probation is ordered, an individual will need to follow a strict set of rules and be under the strict supervision of a probation officer, who will make sure they are following the probation. If the individual manages to complete their probation, they will no longer need to do their original sentence, and the case will be closed. But, if they violate any of the numerous conditions of their probation, they will face additional penalties on top of their initial sentence. When this happens, you will need an experienced Lincoln probation attorney who can check if you have indeed violated the probation details and help you defend yourself, so your probation remains.
The Law Office of Kimberly Stover, PLLC is an experienced Lincoln, VA criminal law firm that can help you understand the state’s probation law and create the strategy that will allow you to request a probation. Our team can also help you fight for the continuation of your probation in case you are accused of violating your probation. We will be with you from start to finish to make sure you have the legal support you need during the trial.
Call The Law Office of Kimberly Stover, PLLC at (703) 810-3571 for your Free Case Evaluation with an Lincoln Probation Attorney!
What is a Probation Violation?
A probation violation occurs when a defendant fails to adhere to the conditions set under their probation. If they are found guilty of violating their probation agreement, they will face penalties that will be equal to the violations they committed, and they may even be asked to continue their original sentences.
Courts are allowed by the law to determine the penalties that will be given to the defendant, and they may also extend, waive or revoke the probation at any given time.
Probation Terms in Virginia
Virginia revised its probation bill in 2021 as part of its aim to set clear guidelines on probation, especially when it comes to its length. This follows the trend of people sent to prison because of technical probation violations rather than actual crimes. These incarcerations and the attached expenses are a huge burden to the taxpayers shouldering the costs.
Probation is normally granted in misdemeanor and felony cases where the charges are for non-violent and minor crimes. A person who is found guilty of their first offense will also be given a chance to apply for probation. For people with multiple convictions or who have committed serious crimes such as rape or murder.
The length of the probation will also be included in your overall criminal sentence. Probation for a misdemeanor can last for a full year, while probation for felonies can last up to five years.
Types of Probation in Virginia
If a judge is considering probation for felony offenses, a probation officer will be assigned to investigate the defendant’s background and determine if a probation is warranted or not. If it is warranted, the judge will determine if the defendant will be supervised or not and list the conditions they will need to follow throughout their probation.
There are two types of probation in Virginia: unsupervised and supervised.
Unsupervised Probation
If a person is placed under unsupervised probation, they do not need to report to a probation officer during the duration of the probation. They will need to follow all the laws and ordinances of the state and be on their good behavior.
Supervised Probation
If a defendant is under supervised probation, they will need to report to a probation officer, who will monitor their compliance with their probation terms. They will also need to meet up with their probation officer at a set schedule.
Supervised probation is divided into two levels:
- Low-level supervision – Under this supervision, the person will be required to check in with their probation officer by telephone or meet with them in person on a monthly basis.
- Intensive supervision – Anyone under this type of supervision will be required to meet with their probation officer often, both in their office and in the community.
The experienced Lincoln probation attorney that we will assign for your case can help you determine the best arguments to be approved for a probation. We will also help you keep up with the probation so you can get the penalties waived or reduced once the probation is over.
Common Probation Conditions
The conditions of your probation depend on the crime that was committed. Usually, these conditions include:
- Meeting with a probation officer at the scheduled times set, either by phone or in-person
- Not possessing or transporting a firearm
- Allowing the probation officer to do visits in their home and workplace
- Not using drugs, alcohol, and other illegal substances
- Maintaining steady employment
- Not committing other crimes
- Completing a set amount of community service
- Submitting to a drug and alcohol testing
- Paying court fines and reparation
- Not leaving the state without the court or the probation officer’s permission
How is Probation Violated?
As mentioned above, probations vary in terms of the conditions imposed by the court.
As a result, there are multiple ways for a person to violate these conditions. Some of the common reasons a probation violation is reported include the following:
- Failing to report to their assigned probation officer
- Failing to appear at scheduled court hearings
- Failing to pay court fines and restitution if it was ordered by the court
- Visiting areas or people they were ordered to stay away from
- Possessing, using, or selling illegal substances
- Committing other crimes
- Failing to complete court-ordered community service or drug or alcohol counseling
- Not holding a job
- Traveling outside the state without permission from the court
Aside from these reasons, a person can incur a technical probation violation if they have failed to do the following:
- Report an arrest, including traffic tickets, to their assigned probation officer within three days of the arrest
- Report to the probation officer within three days of their release from prison
- Maintain regular employment or notify the probation officer of their employment status
- Allow the probation officer to drop by your home or work.
- Refrain from consuming alcohol to the extent it will affect their capacity to perform well at work or behave properly.
- Following instructions from the probation officer, be cooperative and report regularly.
- Refrain from using, selling, or possessing controlled substances and drug paraphernalia
- Refrain from using, owning, possessing, or transporting a gun or firearm
- Maintaining contact with their probation officer if their location is no longer known to the officer.
- Gain permission to move their residence away from the state or remain in the state or other designated areas without the court or probation officer’s permission.
The 2021 revision to the probation law also indicates that there is a possibility that multiple technical violations can be done in one single incident. When this occurs, they will be considered as single violations during the revocation hearing.
Your assigned Lincoln probation attorney will investigate the supposed violations and help you create the defense to prove your innocence. We will also use the defense we will work with you in court and adjust it accordingly to achieve your desired outcome.
What Happens When Probation is Violated?
When a person is accused of violating their probation in Lincoln, VA, several procedures or events take place:
- If the probation officer sees that you violated your probation, they will report it to the judge. If this is your first time violating your probation, a warning may be issued.
- If the violation committed is serious and you repeatedly violated your probation, you can face several penalties, and they are as follows:
- The probation period may be extended.
- You may be ordered to serve a short jail sentence before the probation resumes.
- The judge may add new probation requirements for your probation to continue.
- Your probation may be revoked, and you will need to serve your original sentence.
Under the new revisions to the probation law, the court cannot send someone to prison if they have committed a first technical violation. In some instances, prison time is prohibited for second technical violations. For a majority of second technical violations, a prison sentence of more than 14 days is the limit. For a third or subsequent technical violation, a suspended sentence will be imposed.
Whether you violated your probation by accident or you are accused of violating it without you being aware of such violation, contact our Lincoln probation attorney to assess the situation and give you legal advice on what can be done to protect your side. We can also help you deal with the other charges the prosecution may pin on you on top of your probation violation.
Free Case Evaluation Today!
If you are granted probation, you should not breathe in a sigh of relief just yet because the prosecution can request harsher penalties if you violate your probation in any way. If you are unable to build a strong defense to counter their request, you may lose your probation and face the sentence that was originally intended for you to complete.
By contacting The Law Office of Kimberly Stover, PLLC, you will be able to build a case to prove that you did not violate your probation intentionally and get a legal team who is ready to defend your rights in court. You can trust The Law Office of Kimberly Stover, PLLC to handle your case with care and make it easier for you to keep up with the trial, as well as make the best option for your legal strategy. We guarantee that you will not be disappointed with our legal team and the legal services we can provide you. Learn more about our legal services today and see how our legal team can help you with your legal troubles.
Call The Law Office of Kimberly Stover, PLLC at (703) 810-3571 for your Free Case Evaluation with an Lincoln Probation Attorney!