Legal Question in Criminal Law in Virginia

Violation of Probation

My son violated his probation (for trespassing) last fall. On August 30 he went to the local police station.They sent him to prison for two weeks. The judge told him that ''next time'' he would spend 6 months. On September 20 officer Ford, in charge with his case, filed in a fugitive file with the local court even though our son was still living with us. But this is another story. On October 1st he left home (he was leaving with us. He told us that everything that had been happening to him for his trespass was unfair and blown out of proportion, that he would not spend another day in prison. He never told us what happened to him there but he did come very changed. He wants now to return. He is a permanent resident, my husband and I are US citizens. He is eligible for citizenship in 2004. What are his odds with a fugitive file here not to go to prison? Would it be better for him to live and work in another state? What would be the best for him to do not to jeopardize his citizenship?

Sir/Madam, we are law-abiding, hardworking people. How can we turn his situation into a legally clean one? Thank you.


Asked on 4/18/03, 10:18 am

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

Re: Violation of Probation

If there's a fugitive warrant out for your son, his chances for U.S. citizenship are already in jeopardy. I'm afraid it's not up to you but rather

to your son "to turn his situation into a legally clean one", to the extent that that is possible by surrendering himself to the proper authorities and by abiding by whatever sentence is imposed.

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Answered on 4/18/03, 4:17 pm


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