Roanoke, VA asked in Criminal Law for Virginia

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

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2 Lawyer Answers
Derek Allen Colvin
Derek Allen Colvin
  • Virginia Beach, VA
  • Licensed in Virginia

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.

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

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.

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