Legal Question in Criminal Law in Virginia
probation violation-possession of alcohol
I was arrested as a juvenile for destruction of private property and drinking in public. I was found guilty of the charge and given 60 days in jail with 59 days suspended and a $500 fine. I served one day. I was also on probation for the offense until 21 years of age. I was recently arrested at a friends house for possession of alcohol. I would like to know if I will automatically serve the 59 days in addition to this charge. It states on the notice of court date, that I am to report to Traffic court. Is it possible that the charge may not be a violation of the probation.
1 Answer from Attorneys
Re: probation violation-possession of alcohol
Assuming you are on probation (and it does seem like you are), you must first be convicted of the new crime for any adverse consequences resulting from the subsequent conviction and your proven deviation from "good bevavior."
Once you are convicted, there may be a rule to show cause filed against you. Essentially, you will have to show good reason for the Judge to not remove the suspended period of incarceration and order you into jail. This may become an uphill battle. If we can answer any other queries, please call me at 703-926-6985.
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