I have assisted numerous clients in probation violations throughout Virginia. Probation Violations are very scary for clients, because they have already been found guilty for the underlying crime. Prosecutors like to ask the court for a revocation of a previously suspended jail sentence or to revoke a restricted license. As a former prosecutor, I know first-hand how quickly judges can impose a jail sentence on a Probation Violation. The way prosecutors see it, and some courts, you have already been found guilty of the underlying crime, and have already been given a chance to stay out of jail.
As a Probation Violation Attorney in Fairfax, I look at the following when analyzing the facts of any Probation Violation case:
- Why was my client on probation to being with? – What was the underlying charge?
- What was the nature of the violation?
- Positive Drug Screen
- Violation of Good Behavior?
- Fail to pay restitution?
- Driving outside the terms of their restricted license?
- Did my client know the terms and conditions of probation?
- How long has my client been on probation?
- How have they done so far with the other terms and conditions of probation?
- Is this the first probation violation allegation?
- Criminal History of Client?
- Social factors to consider:
I always have a plan and strategy to approach Probation Violations. It’s not enough to let the prosecutor do all of the talking. A good Probation Violation Attorney must be able to point out your strengths during the hearing. If you had ten conditions of probation, and violated but one of them, it’s important to point out that you did nine things well. Sometimes, that goes overlooked by attorneys who would rather spend their entire argument apologizing for their clients. Quite honestly, it makes their client’s look worse. You have to give the court a reason to give you another chance, to not simply impose a jail sentence.
A Fairfax Lawyer’s Take on DWI and DUI Probation Violations, ASAP Violations
DWI and DUI probation violations are generally known as ASAP violations. ASAP is the class you have to take when you are found guilty of DWI or DUI, but the ASAP program also operates as your probation officer. Once you enroll in the program, a case manager will be assigned to you. This person, for all intents and purposes, is your Probation Officer.
Some common probation violations concerning ASAP are:
- Failing to Register for Class
- Missing or showing up late to class
- Admitting to consuming alcohol while you are on probation
- Restricted License Violations
- Ignition Interlock Violations
- Good Behavior Violations
ASAP case managers are quick to violate. If you feel that a violation is possible, do not wait around to hire an attorney. Remember, ASAP case managers are not your friends, they are a state probation officer who will not hesitate to request a show cause over the slightest misstep.
If you are charged, or may be charged, with an ASAP or Probation violation, the time to act is now. I am a former Virginia prosecutor (currently in Fairfax and Leesburg) and current probation violation lawyer who has represented individual throughout the Commonwealth in these situations. I understand the law and the legal system, and can quickly evaluate the strengths and weakness of your case. Complete the online case evaluation form below for your free legal consultation or contact me at: (703) 542-4008 or by email at: MAR@CriminalAttorneyVA.com.