Probation ViolationAggressive. Diligent. Confident.
Virginia Beach Probation Violation Lawyer
Aggressive Defense Against Probation Violations in Virginia
Navigating the complexities of probation violations requires legal expertise and strategic defense. At McCormack & McCormack, we specialize in providing adept legal representation for individuals facing probation violation charges in Virginia Beach. Understanding the nuances of probation laws is crucial, and our team is committed to protecting your rights throughout the legal process.
Call McCormack & McCormack today at (888) 490-0876 or contact us online to schedule a meeting with our probation violation attorney in Virginia Beach!
What is Probation?
In some criminal cases, the court may grant the defendant a term of probation after being found guilty of a crime. This means that the individual will not have to serve their jail or prison sentence as long as they comply with the terms of their probation.
In most cases, an individual on probation must observe the following:
- Report periodically to a probation officer
- Stay within a certain radius of a fixed geographical point
- Obtain and keep steady employment
- Avoid any further criminal charges or convictions
Common Types of Probation Violation
Probation violations can take various forms, each with its legal consequences. It is essential to be aware of these common types:
- Failure to Report: Missing scheduled probation meetings or neglecting to inform the probation officer of a change of address.
- Failed Drug Test: Testing positive for prohibited substances.
- Failure to Complete Court-Ordered Programs: Not fulfilling required rehabilitation or counseling programs.
- Associating with Criminals: Being in contact with individuals involved in criminal activities.
- Committing New Offenses: Getting arrested or charged with a new criminal offense.
What are the Penalties for Probation Violation in Virginia?
Violation of the terms of probation can have two consequences according to the decision of the court:
- If probation was granted instead of a criminal sentence, the full force of the original sentence could be imposed.
- The remaining term could be reinstated if the individual was granted probation after serving part of their sentence.
Whatever your situation, consult a Virginia Beach criminal attorney from McCormack & McCormack immediately if you have been arrested for violating your probation.
Defenses Against Probation Violation Charges
An effective defense against probation violation charges is crucial for safeguarding your freedom. Our experienced attorneys at McCormack & McCormack employ various defense strategies, including:
- Lack of Willfulness: Demonstrating that the alleged violation was not intentional but a result of unforeseen circumstances.
- False Accusations: Challenging the accuracy of the evidence presented and proving that the violation accusations are unfounded.
- Failure to Receive Notice: Asserting that the individual did not receive proper notice of the probation conditions or changes.
- Inadequate Probation Supervision: Arguing that the probation officer failed to supervise and guide the individual adequately.
- Mistaken Identity: Establishing that the individual accused of the violation is not the violator.
Crafting a strong defense requires a comprehensive understanding of the legal intricacies surrounding probation violations, and our attorneys are dedicated to leveraging their expertise to benefit our clients.
Contact Our Virginia Beach Probation Violation Attorney Today
To prosecute probation violations, there must be evidence that the defendant has intentionally violated their probation terms or due to gross carelessness. There are circumstances where individuals fail to meet the terms of their probation due to a simple mistake or circumstances outside their control. Their charges could be entirely unfounded, as well.
Our firm has represented clients in criminal defense cases for over 55 years combined. We take the time to fully evaluate the facts to prepare the most robust possible defense. We also keep our clients informed and will guide you through each step of your defense process. Schedule your free initial case evaluation with a lawyer from our firm as soon as possible to get started. We have what it takes to prevent you from serving the remainder of your original sentence.
Contact McCormack & McCormack today to schedule a meeting with our probation violation lawyer in Virginia Beach! Serving clients in and around Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Suffolk, Hampton, Northampton, and Accomack Counties on the Eastern Shore!