Probation Violation In Virginia

[seniorjudge]

Heather
do you know of someone in a similiar situation? thanks for the input

I know hundreds in similar situations.

 

[VA333]

SeniorJudge... this was my first violation. Prior to December of 2004, i had no criminal or traffic charges. In December i was charged with possession of marijuana. In febuary of 2005, i pled guilty first offender status, which you can do ONLY if you have NO PRIOR CHARGES. I failed a urine screening that was part of my probation. It violates the terms of my probation received under GUILTY FIRST OFFENDER STATUS. i'm trying to find out whether i will serve weekends, whether i will receive more community service, etc. The blanket response, "you will go to jail," is not very specific.

 

[Heather2]

This wasn't his first violation:

"...i passed my first drug test, then tested positive for marijuana 7 months later. ...She simply informed me that i had failed a urine screening at my next meeting...."


He also said: "...Any advice would be helpful, as I would like to plan accordingly..." but, as you can see by his responses, he did not mean that either.

Come one hon be nice
He said he passed his first one and failed one 7 months later. That's only one failed UA. I still don't think jail is likely for a first violation as long as he doesn't get a judge that is PMSing j/k

 

[seniorjudge]

SeniorJudge... this was my first violation. Prior to December of 2004, i had no criminal or traffic charges. In December i was charged with possession of marijuana. In febuary of 2005, i pled guilty first offender status, which you can do ONLY if you have NO PRIOR CHARGES. I failed a urine screening that was part of my probation. It violates the terms of my probation received under GUILTY FIRST OFFENDER STATUS. i'm trying to find out whether i will serve weekends, whether i will receive more community service, etc. The blanket response, "you will go to jail," is not very specific.

Okay, you've probably read this too, but if you have not, then read it.

Go to court and try to make the best impression you can.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[Heather2]

Heather
do you know of someone in a similiar situation? thanks for the input

I've seen hundreds on this site with the same questions and they didn't go to jail. My nephew violated his parole and he didn't go to jail. Unless you get an a$$hole judge I don't believe you will do any jail time.

 

[seniorjudge]

SeniorJudge... this was my first violation. Prior to December of 2004, i had no criminal or traffic charges. In December i was charged with possession of marijuana. In febuary of 2005, i pled guilty first offender status, which you can do ONLY if you have NO PRIOR CHARGES. I failed a urine screening that was part of my probation. It violates the terms of my probation received under GUILTY FIRST OFFENDER STATUS. i'm trying to find out whether i will serve weekends, whether i will receive more community service, etc. The blanket response, "you will go to jail," is not very specific.

Good luck and report back with results.

 

[seniorjudge]

I've seen hundreds on this site with the same questions and they didn't go to jail. My nephew violated his parole and he didn't go to jail. Unless you get an a$$hole judge I don't believe you will do any jail time.

Yep, judges who follow the law do get called names.

 

[VA333]

thank you for that advice, i intend to make a good impression and not violate anything that you listed. i assume that you think it would be better if my attorney did most of my talking?

 

[VA333]

both of you have been very helpful, i will check back to share my outcome

 

[seniorjudge]

thank you for that advice, i intend to make a good impression and not violate anything that you listed. i assume that you think it would be better if my attorney did most of my talking?

Q: i assume that you think it would be better if my attorney did most of my talking?

A: Absolutely. And look humble, standing there in your new hair cut.

 

[Heather2]

Yep, judges who follow the law do get called names.

There's a difference between following the law and being a complete prick.

 

[seniorjudge]

There's a difference between following the law and being a complete prick.

I agree. Being a complete prick is a lot more fun!

 

[Heather2]

I agree. Being a complete prick is a lot more fun!

I'm sad to hear you were a complete prick.
Oh well I still like ya anyway.

 

[seniorjudge]

I'm sad to hear you were a complete prick.
Oh well I still like ya anyway.

Ok.

VA333, one memorable defendant was a guy who wore his military uniform to court. I told his lawyer that had the kid waved the flag and sung the Star Spangled Banner, I might have given him a break.

In other words, don't overdo the goody two shoes bit; a little bit goes a long way.

 

[VA333]

senior judge, my judge for this case is a former Miss Virginia. She used to be a prosecuting attorney, and oddly enough my attorney was her assistant at the time (from '94-'98). That's neither here, nor there, but she is known for being a very tough judge. Not to split hairs too much... but is facial hair a bad thing? I have a small mustache and goatee, I appear very young without them. Cut those off? Also, my first appearance of court i wore an all black suit, black tie, white dress shirt. Is that over doing it? Stupid questions, feel free to make fun... but i got the vibe from this judge that she wouldn't mind punishing a young man with money (I've been before her prior to my current case in one with multiple defendants and was found not guilty).