Legal Question in Criminal Law in Virginia

Probation

My son was charged with a class2 misdemeanor charge. The court fined him for a class 1 misdemeanor charge with all of it suspended based on his good behavior. I was in court with him and the judge never told him that he had to report to a probation office. He was arrested for this violation and charged. How can he report to a probation office if the judge never told him to? Also, how is the length of probation period determind for first time offenders? A class 2misdemeanor punishment is six months in jail and or a $1000 fine. I don't understand why he would recieve a year of supervised probation. Is he being punished for a class 1 misdemeanor and if he is can he be released from his supervised probation and have his probation violation dismissed?


Asked on 9/25/02, 12:03 pm

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

Re: Probation

If your son was fined for a Class 1 misdemeanor,

then he was either convicted of this offense after a trial or entered a plea of guilty to the

same.

After the sentence was imposed on the original charge, your son would've been handed several papers instructing him what to do, one of which

would've been to contact the probation office.

The probation period would've been for one year

for the Class 1 misdemeanor and not six months.

The Class 2 misdemeanor would be irrelevant to

these considerations because, apparently, your son

was sentenced for a Class 1 misdemeanor.

The alleged probation violation is, of course, a separate charge which must be dealt with by the court and your son should contact his former attorney(assuming he had one)to ensure that he

has appropriate legal representation for this matter.

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Answered on 10/05/02, 12:35 pm


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