Legal Question in Criminal Law in Virginia

Violation of Probation

I went to court over a domestic violence issue back in June/July 2002. The sentence was SIS (suspended imposition of sentencing) and the next court date was set for June/July 2004. I was required to go on probation (writing into my prob. officer 1x per month) and complete a domestic violence and substance abuse course (as stated by my p.o.). My under standing was that I had the 2 years until my next court date to complete my classes. However, we I called in/wrote it to inform my p.o. of my new address she informed me not to bother because a warrent has already been issued for me because I violated probation. This warrent was issued in Jan. 2003 and I didn't find out about it until I wrote in & called at the end of Feb. 2003. My questions are... how did I violate my probation... isn't my probation officer required to inform me of all ongoings of my case and any violations of my probation before she turns it over to the judge... shouldn't i have recieved something in writing?, etc. Any help you could offer on this matter would be greatly appreciated. Thank you!


Asked on 4/04/03, 3:26 pm

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

Re: Violation of Probation

Probation officers have many cases to keep track of and sometimes they're not always as up to date with them as they would like to be. Normally, a probation officer will notify the probationer that

he or she is in violation of the terms/conditions of probation before the matter is referred back to the court. It may be that the officer sent notice to your last known address and when no response was received, then requested that the court issue a Rule To Show Cause. And, after that,

when you failed to appear for the Show Cause hearing, a warrant (capias) was issued for your arrest.

In any event, in order to get a definitive answer to your first question, you will have to ask your probation officer. And to mitigate the damage

already inflicited in your particular situation,

either you or your attorney should be prepared to present credible arguments at your Show Cause hearing as to why you should not be found in

contempt and why the judge should mercifully restore you to your SIS.

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Answered on 4/04/03, 4:37 pm


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