Legal Question in Criminal Law in Virginia

My son got out of jail in December 2009, after serving 11 months on a drug charge. He went to the probation office to see who his probation officer was. They told him they had no record of him being on probation. The probation office claims they did not know he was out of jail til March of 2010. This is four months after he officially got out of jail and reported to the probation office. Then in November 3, 2010 they issued a capius on him for probation violation. They picked him up for jail January 21, 2011. My question is; How can they do anything to him when he had went to see who his probation officer was and also called, they kept telling him they had no record, then they find out four months later he is out of jail, then 8 months later issue a capius on him?

Catherine Calloway

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Asked on 1/22/11, 10:22 am

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

Instead of relying on what the probation office kept telling him, your

son should've contacted the clerk's office(criminal division) of the court which sentenced him to explain the situation (that he had attempted to comply with the requirements of his probation) so the court would've had a record of his claim(s).

Now, your son will have to explain it all again to the judge assigned to hear the

alleged violation of the conditions of his probation and see what happens.

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Answered on 1/27/11, 12:04 pm


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