Legal Question in Criminal Law in Virginia

Probation Violation

My friend has been on probation for two years for posession of cocaine. He has violated his probation by not completing his community service and by not paying his fine in full. His previous lawyer is out of town for an extended period of time and not available for the ''show & cause'' hearing he must go to now. How advisable is it for him to appear in court without his attorney and ask for an extention until his lawyer is available? Or should he retain a new attorney for this court date? (Also, this is a 4 1/2 hour drive.)


Asked on 3/19/03, 5:11 pm

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

Re: Probation Violation

Regarding whether your friend should retain new defense counsel or stick with the previous one depends on how extended the period of time the latter is going to be out of town. If it's more than a month or so, your friend had better get a new attorney. If it's a month or less, your friend could write a letter to the court explaining that his attorney his temporarily away

and that he wants to request a continuance date four to six weeks out.

A copy of this letter should then be sent to the Commonwealth's Attorney who has responsibility for prosecuting the Rule to Show Cause.

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Answered on 3/20/03, 12:26 am


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