Legal Question in Criminal Law in Virginia

Probation Violation

I was placed on Community Based Probation after being arrested for a simple assault and battery charge. I was given 60 days in jail all suspended, ordered to do 50 hours community service and to have a substance abuse evaluation. I was violated by my probation officer because it was said that I ''continued'' to miss scheduled appointments with the substance abuse office. The receptionist at the office told my probation officer that I had missed 2 or more appointments with that office and that fact is I missed one appointment. I tried to contact my probation officer several times leaving approximately 15 messages for her, she failed to call me back. Three people from the substance abuse office tried to contact her, trying to tell my probation officer that they had made a mistake in telling her that I had missed several appointments, and my probation officer has not responded to their phone calls. I was issued a show cause. I have signed letters stating that I have been compliant with the substance abuse program and have attended all classes and appointments except for one appointment. There is a chance that I will serve the 60 days that were previously suspended becuase of a miscommunication.


Asked on 6/27/05, 7:32 am

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

Re: Probation Violation

You should contact the attorney(hopefully you had one)who represented you on the original assault and battery charge. You should arrange to provide this person with copies of all relevant documentation regarding the pending Show Cause action as well as a verbal update on your probationary status.

It will be your counsel's task to fully explain matters to the judge with corroborating documentation as appropriate in order to get the Show Cause dismissed.

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Answered on 6/27/05, 3:24 pm


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