Legal Question in Criminal Law in Virginia
If someone was on probation for 6 months (with suspended sentence) in VA in 2005, committed a crime during the probation period, but the crime did not get discovered until 2009, could you be charged with probation violation? Basically, can a judge order you to serve the "suspended time" for specifically violating probation for a crime that was discovered more then 4 years later? Or do you actually have to be charged for that crime DURING the probation period for it to be considered violating probation?
Asked on 1/24/11, 12:28 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Nomally, the latter, and not after the term of the probation has been completed and the defendant effectively discharged from the probation.
Answered on 1/27/11, 2:44 pm
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