Legal Question in Criminal Law in Virginia

Probation violation

The orginial charge was for possession with intent to distribute . The party was sentenced to 5 years;10 suspended. Time has been served and party was released 4/04. Probation was issued for 1 year, 4/04-4/05. A probation violation was issued 10/04 for absconding. Party was arrested 1/6/05 and the court date has been set for 2/14/05 for this violation. Party also has a warrant for assault and battery from 7/04. The court date for this case isnt until 3/23/05. Based on info given what is most likely? Could party be reinstated on probation,convicted and given suspended sentence, or held in custody pending outcome of case 3/23/05?


Asked on 1/31/05, 3:34 pm

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

Re: Probation violation

One of the conditions for any defendant who receives a probationary sentence is that there be no new arrests for any new violations of the law occurring during any part of the probationary period. It would appear that in addition to the abscondence charge, that there has also been a violation of the aforementioned prohibition against new violations.

Given the foregoing, if the above two charges are proven to the court's satisfaction, I would surmise that there's quite a high probability that the "party on the outside" is over for this particular party who could well be going away again for at least five years and, perhaps, longer, if the court decides now to impose all of the time that had been previously suspended.

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Answered on 1/31/05, 6:58 pm


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