Legal Question in Criminal Law in Virginia

Probation Violation

If someone was charged with a felony charge of possession of cocaine and was given 3 years probation, then violated his probation by failing a urine test, then was given 60 days in jail. Would he be charged with a misdemeanor or a felony?


Asked on 12/03/05, 10:48 am

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Probation Violation

A violation of probation isn't a criminal charge. When you violate the terms of your probation, the probation officer can ask the Judge to issue a "Show Cause" where you would be brought back to Court to show cause why you shouldn't be held in contmpt of court for violating the terms of the sentencing order. If it is determined that you have violated the terms, then the original sentence can be imposed. On a first offender cocaine violation, the Court initially gives 5 years with 5 years suspended. Then when you violate the terms of the suspened sentence, you risk getting the whole five years imposed.

In order to serve time on a new charge, you'd have to be charged, and tried in Court.

good luck.

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Answered on 12/03/05, 10:10 pm


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