Yes. Any action that violates the terms of your probation can potentially lead to a jail sentence. However, if you are able to refute the charge, you may not be penalized for violating probation and may be allowed to continue on probation without jail time. Here are a few common defenses used for probation violation:
- No violation. If you have been accused of probation violation, you should consider the terms of your probation carefully to make sure that a violation has taken place. For example, if your probation officer changed the date of your meeting without giving you proper notification, you may be able to convince the judge that you were acting within the bounds of your probation.
- Accidental violation. Offenders often suffer what is known as a technical violation, where the rules of probation are broken unintentionally. Offenders may mistakenly think that their probation has already ended, or were in an accident and missed a meeting with an officer because they were in the hospital.
- Reasonable violation. In some cases, offenders may be justified in breaking the rules of their probation. Good reasons for probation violation include a family emergency, personal danger, or another reason that gave the offender little choice but to leave town. Depending on the circumstances, the parole board may choose to extend your probation instead of sending you to jail.
How Should I Answer the Charges?
As you face the parole board, you will be asked if you admit or deny that you violated your probation. It is vital that you consult with an experienced criminal defense attorney before answering that question. The legal team at the Easley Law Firm can help you determine the next steps to make in your case. Call us today at (888) 386-3898, or learn more about your options in our free guide, The Criminal Legal Process In Virginia.