Probation Violations & Revocation

What Counts as a Probation Violation in Virginia?

A probation violation occurs when the court alleges that a person failed to comply with a condition of probation or a suspended sentence. The consequences depend partly on whether the conduct is classified as a technical violation, a nontechnical violation, or a new criminal conviction.

Virginia law identifies technical violations that may involve failing to:

• Report to a probation officer as instructed
• Report an arrest within the required time
• Maintain employment or report employment changes
• Report after release from incarceration
• Cooperate with home or workplace visits
• Follow instructions or provide truthful information
• Comply with alcohol or controlled-substance restrictions
• Avoid possessing or transporting a firearm
• Obtain permission before changing residence or leaving an approved area
• Maintain contact so the probation officer knows the person’s whereabouts

A nontechnical violation may involve breaking a special condition imposed by the court, failing to complete required treatment, violating a no-contact provision, or engaging in other conduct outside Virginia’s statutory definition of a technical violation. A conviction for a new offense committed during the suspension period may expose the person to substantially greater consequences.

An allegation is not the same as a judicial finding. Records, test results, communications, treatment documentation, employment information, and the exact language of the sentencing order may all affect whether a violation occurred and how it should be classified. Virginia probation-revocation law | Technical-violation rules

At a revocation hearing, the court determines whether good cause exists to find that the person violated a condition of probation or a suspended sentence. The accused has an opportunity to be represented by counsel, review the alleged violation, challenge the evidence, present witnesses or records, and explain relevant circumstances.

If the court finds a violation, the available sentence depends on the violation’s type and history. Virginia law generally prohibits active incarceration for a first technical violation. A second technical violation carries a presumption against active incarceration, although the court may impose up to 14 days when it makes the required findings. Third or subsequent technical violations can expose the person to more of the previously suspended sentence. Certain firearm or absconding-related technical violations are treated differently for sentencing purposes.

When the violation involves a new criminal conviction or another qualifying nontechnical violation, the court may revoke and impose, or resuspend, some or all of the sentence that was previously suspended. The defense may contest whether the alleged conduct occurred, whether it qualifies as a violation, how it should be classified, and what sanction is appropriate.

Mitigating evidence may include consistent employment, treatment participation, negative drug screens, stable housing, family responsibilities, medical circumstances, or documented efforts to correct the issue. Felty Law Firm helps clients prepare for revocation hearings, challenge unsupported allegations, and present the court with a complete and accurate account of their circumstances.

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