Legal Question in Family Law in Virginia

Jail

When a person is jailed for a probation violatiion for non payment of child support is he not entitled to go before the judge to plead his case or is he automatically sentenced to his remaining time with no credit days given


Asked on 3/20/03, 10:28 am

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

Re: Jail

Such a probationer who is in violation of the

conditions of his probation is usually brought before the judge who imposed the original probationary sentence in order to determine

whether or not the remaining part of the sentence, whatever it may be, should now be imposed.

If this person was actually arrested, it means that in all pobability there was a prior hearing

(Rule To Show Cause) for which he failed to appear, and, therefore, the court issued a warrant for his arrest called a capias in

Virginia.

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Answered on 3/20/03, 7:52 pm


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