New York, NY asked in Criminal Law for Virginia

Q: issues related to covid 19, possibly unable to attend upcoming advisement hearing for probation violation.

Im enrolled in the first offenders program and I need to attend a VOP hearing about failure to provide documentation showing I've seen a behavioral health specialist.

I've had contact with a family member who tested positive for covid-19, been around her several times. It is my grandmother who is in the hospis. I've started showing symptoms of what I suspect could be the virus and have an appointment scheduled to test for it. I called the the clerks office to request a virtual hearing and they said it isnt possible atm for advisement. She told me I am not supposed to enter the court house if I have tested positive and I won't be arrested if I can't appear for advisement. In the event I am positive.. For an advisement hearing will I be arrested if I do not appear? Is this true? Ive researched that sometimes a judge will continue the hearing without my presence but I do not want to make the wrong choice. What can I do about this

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1 Lawyer Answer
Shemeka C Hankins
Shemeka C Hankins
  • Criminal Law Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: I would send a letter to the court showing you actually went to get tested. While noone on this forum can tell you that you will automatically be excused, courts are being lenient if you are making a good faith efforts to show you had actual contact and are actually quarantining. I would speak to a local lawyer and see if someone can appear for you.

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