Legal Question in Criminal Law in Virginia

Re: probabtion

Well, it is not mutually exclusive. The probation officer can require your boyfriend to comply with the terms of the probation as ordered by the judge and can impose reasonable restrictions as part of the PO's duties.

However, the judge can also over-rule those requirements. If you ask for relief from the judge (now), the judge may try to find a way to accommodate the change, particularly if your boyfriend is MORE likely to pay off the fines by taking the job in Utah than having no job in Virginia (or being under-employed).

I think it is important to start with the actual order and paperwork from 2006. Your boyfriend must do what that order says. Frankly, I am not sure why he has gotten away without paying the fines during all this time. That is, I think that he would have to pay the fines REGARDLESS of whether he moves or not. But what counts is exactly what the order actually says from 2006. I think he should study that paperwork very carefully. He can get that from the file with the Clerk of the Court in the relevant County.

However, if he simply skips town without telling anyone, then the judge is likely to throw the book at him when caught.

If he goes and asks the judge to modify the terms of the probation to make this work, the judge may order a different plan.

Remember that the P.O. may feel no authority to set aside the requirements, but can do that if the judge orders it.