How Can I Be Violated While I Am on Supervised Probation?
If you are convicted of a felony offense in Hampton Roads (whether you plead guilty or go to trial and are found guilty), it is likely that a judge will order that you complete a term of supervised probation.
Courts allow probation officers a wide degree of latitude in supervising probationers. Keep in mind that if the court places you on indeterminate supervised probation, you will be on probation until the court removes you from supervised probation. You should also remember that, for example, if you are placed on probation for five felonies, you will be charged will five new felony probation violations even if the underlying violation is fairly minor (i.e. missing a meeting with a probation officer).
In Virginia, there are eleven ways you can be violated while on supervised probation, which are called conditions:
Condition 1 Violation: Fail to obey all federal, state, and local laws and ordinances.
This condition includes traffic infractions such as failure to yield, traffic convictions such as driving on a suspended or revoked license, and non-jailable misdemeanors like drunk in public.
Condition 2 Violation: Fail to report any arrests within three (3) days to probation officer.
Condition 3 Violation: Fail to maintain employment or to report changes in employment.
Condition 4 Violation: Fail to report as instructed.
Condition 5 Violation: Fail to allow probation office to visit home or place of employment.
Condition 6 Violation: Fail to follow instructions, be truthful, cooperative, and report.
Condition 7 Violation: Use alcoholic beverages.
This condition allows a probation officer to request that you submit to a breathalyzer test during an office visit.
Condition 8 Violation: Use, possess, distribute controlled substances or paraphernalia.
Condition 9 Violation: Use, own, possess, transport or carry firearm.
Unless your right to possess a firearm has been restored by a circuit court, a violation of this condition may also subject you to a two-year mandatory sentence (if you have been convicted of a non-violent felony) or a five-year mandatory sentence (if you have been convicted of a least one violent felony). This also includes juvenile felony adjudications.
Condition 10 Violation: Change residence or leave the state of Virginia without permission.
Condition 11 Violation: abscond from supervision.
If you are accused of violating the terms of your probation, be sure you are represented by experienced local counsel. LeCruise Law has been successful in having the court remove many clients from supervised probation.