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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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IF I VIOLATE PROBATION IN VIRGINIA FOR DIRTY URINE AM I ELGIBLE

Customer Question

IF I VIOLATE PROBATION IN VIRGINIA FOR DIRTY URINE AM I ELGIBLE FOR A BOND
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi Jacustomer,

This would be a tecnical violation, as long as there is no new arrest. Probation might simply intensify your reporting requirements if this is the first time you've ever been in trouble with probation and especially if you are very new to probation. They don't have to require that you be incarcerated at all. It all depends on a lot of variables, such as the facts and circumstances of your underlying case and of the violation, how well you get along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether you've given them trouble, and how much time you still owe the department of probation.

Most of all it will come down to whether probation is still willing to work with you or whether they want to wash their hands of you and revoke probation altogether, If probation is revoked then you will not be eligible to bond out because the judge will resentence you.
Customer: replied 6 years ago.
I was given 5 yrs did 3 left w/2 on paper 1dt violation
Expert:  Zoey_ JD replied 6 years ago.
Jacustomer,

As I already indicated, there's no predicting probation. You've been compliant for a long while and this is a technical. You still have a ways to go. My experience has been that probation will not revoke you, though they may sanction you. They could put you in jail for a short stay, in which case there would be no bond, as this would be the punishment. On the other hand, as I've said, they could simply intensify your reporting requirements or subject you to more frequent drug testings.

Bottom line is that whatever probation recommend will be what the judge is most likely going to do. My experience has been that they are generally lenient for a first dirty urine but if they do put you in for either a short stay or a revocation, bond is unlikely

You can call your lawyer and he should be able to find out what probation is going to recommend to the judge when you come before him.

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