Q: On probation had court reporting date on Feb 5 Po text me told me didn't have to be present 13 Feb probation was first
Time police came to house looking for me for probation violation if turn myself in do I get locked up or get out on or Po told me no jail time was involved before court had 3 dirty urines last one told Po up front
A: It is not clear what you are asking. You should talk to a local attorney in Roanoke (or whatever locality is alleging a violation). There are typically two ways you can be locked up for a probation violation - pre-hearing (if you are denied bail or cannot post it) or post-hearing (if you are sentenced to active time). Whether the court has discretion to impose an active sentence post-hearing depends on the nature of the violation. Your PO may decide when to issue a violation letter, but they do not give legal advice or determine the sentence. Further, if you do not appear and a capias is issued, that is another issue. Working with local counsel is often best because they understand the local procedures and can advise on your specific circumstances.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Virginia
- (804) 250-1721
- View Profile
- Answered
A: Bond will be up to the judge, so nothing is guaranteed. Turning yourself in (and before too much time has passed) may improve the chances of a judge viewing your bond status favorably — especially if this is a first offense or second offense probation violation where jail time is either going to be off the table or minimal. Also, keep in mind that losing contact with probation and the court risks developing a new probation violation condition alleging absconding.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
