Legal Question in Criminal Law in Virginia

Probation & Plea Bargains

If a person on probation is on trial for another charge & takes a plea bargain, will this automatically affect the current probation status? If it is promised verbally from attorney to client that taking the plea bargain for a lesser charge will NOT affect the current probation status, but after the agreement is made, it is found out that it HAS affected the client's probation status and he is required to go back to court, what are the options? (Nothing was ever read or signed by the client, and no discussion was ever made between prosecutors & client. Verbal between attorney & client only)


Asked on 10/20/02, 10:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Probation & Plea Bargains

A violation of one's current probation status by being convicted of another charge(during the probation period) will normally expose one to the real risk of having the court with jurisdiction over the probation impose all or part of the sentence that was suspended in the underlying case.

The advice you claim you received from your attorney regarding the effect of the plea bargain

on your current probation status would not have

been proper since the attorney would not be in any

position to know this since only the court would be able to determine what, if any effect, the new conviction would have on your current probationary status. And, if in fact it occurred as you claim, you should inform the court at your

earliest opportunity.

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Answered on 10/21/02, 9:31 am


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