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Protective Order Violation in Virginia

Once a protective order is issued by a magistrate or judge, and is served on the person under the order, that person must comply with the protective order. Failure to do so is a Class 1 misdemeanor (up to 12 months in jail or up to $2,500 fine).

  • A second conviction for violation of a protective order, where either the first or second violation involved an act of threat of violence is punished as a Class 1 misdemeanor and carries a minimum mandatory sentence of 60 days in jail;
  • A third offense of violation of a protective order where any of the three offenses involved an act or threat of violence is a Class 6 Felony (up to 5 years in jail and up to $2,500 fine) and carries a minimum mandatory sentence of six months;
  • If any violation of a protective order consists of an assault and battery where serious bodily injury is caused, it is punished as a Class 6 Felony;
  • Any protective order violation that includes an entry into the home of a protected party while they are present, including waiting for them to arrive in the home, is punished as a Class 6 Felony;
  • Any conviction for violation of a protective order must include some active jail sentence;
  • Any conviction of violation of a protective order also requires the Judge to impose another protective order for up to two years from the date of conviction.

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Probation Violation in Virginia

People who have been found guilty of a crime are often placed on probation, either right after conviction and sentencing or after they are released from jail or prison. A person who is on probation by does not comply may be subject to a probation violation hearing.

At a probation violation hearing, the person is at risk of having any unsuspended time revoked for failure to comply with probation. At the hearing the probation officer will inform the court, either by letter or in person, about every single thing that a person did during their probation time. If a person misses a meeting or has a dirty drug screen they may not be violated for it, but if they are violated later, then every thing they did wrong during probation can be brought up. To make matters more difficult, since the probation violation hearing is not a trial, the Judge can consider evidence that he would normally not be able to, such as hearsay testimony or letters from people not present in the courtroom.

A person can only be sentenced to serve additional time if they have suspended time from a previous conviction and if they are still within their good behavior period imposed by the judge when they were originally convicted and sentenced.

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Misdemeanor Process in Virginia

People may be charged with a misdemeanor offense by a summons to appear in court or by being arrested for a misdemeanor. If the person is arrested, then they will be brought before a magistrate to decide whether the person can be released on bail or has to go to the jail. If the person is held in the jail, then they will be brought before a judge, probably the following morning, for arraignment and to address the bond again. If they are still denied bond at that appearance, then they will have to have lawyer set bond hearing for them, or be held in the jail until the trial.

Arraignment for misdemeanors
At arraignment, the Judge will as whether the person intends to hire a lawyer or if they want a lawyer to be appointed to them. If the offense could cause a person to be incarcerated, and the person qualifies financially, then the Judge will appoint a lawyer to represent that person. If they do not qualify financially, then that person will have to find a lawyer on their own, and if they show up for trial without a lawyer, then they will be considered to have waived their right to an attorney. At the arraignment, the Judge will also set the date for trial.

Misdemeanor trials in Virginia
At the trial, the Commonwealth’s Attorney, or prosecutor, will put on their witnesses and present their evidence to the Judge. After the Commonwealth has finished with their evidence, the Defense can put on their evidence and testimony. The Commonwealth has the opportunity to put on additional evidence after that, called rebuttal testimony. After both sides are finished putting on evidence, then both sides can argue as to how the judge should decide the case. After the arguments are finished, the judge will rule as to whether the person is not guilty or guilty. If the person is found not guilty, then the process is over. If the person is found guilty, then the Judge will pronounce the sentence, sometimes after hearing more testimony and argument. Misdemeanors carry jail sentences of up to 12 months in jail, but in the jail while serving time for a misdemeanor a person will get one day of credit for each day they serve, so they will normally serve only one half of the time of the sentence.

Appeal of District Court Case
If a person is found guilty, they can also appeal the finding of guilt, and the sentencing, to the circuit court for a new trial with a different judge, which starts the process over again in the new court with no presumptions relating to the conviction in the lower court. A person an also ask for a jury trial on the appeal in the Circuit Court. Appealing a case sets aside the sentence so that does not have to be served, but the lower court judge may impose additional bond to secure that person’s release from the jail pending the appeal trial The time limit to appeal a District Court decision is 10 calendar days, including weekends and holidays. If the 10th day falls on a weekend or holiday, then the appeal can be filed through the next day that is not a weekend or holiday.

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Legal Rights in Virginia

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Right to Remain Silent

No person has to make any statements to police or other agents of the government. This means that if police ask questions of a person, that person can not be forced to make statements that would incriminate him. If a person does make statements, then those statements can be used against them at trial. This right does not include any ability to make statements to police that are untrue or misleading. If a person decides to remain silent, then that fact can not be held against them at trial.

Right to have a lawyer present during questioning.
Every person has a right to legal counsel when they have been arrested (or otherwise held in custody) and are being questioned by police. If a person has been asked to answer questions and requests that a lawyer be present to assist him, then police have to stop the questioning and can only continue once a lawyer is present. The questioning can also continue if the person asks to continue talking to police after asking for an attorney. Police cannot request that a person answer questions after that person has asked for an attorney to assist them.

Right to refuse to be searched.
A person has the right to refuse a search by law enforcement of their person, vehicle or residence. Police may only search if they have probable cause, if they already have a search warrant, or if they person allows them to search. If police ask a person for permission to search, that means that police want to search but do not have either probable cause or a search warrant. If the person refuses to allow the search, and the police search anyway, then whatever was found by that search could be suppressed and not allowed to be used at trial against the person. If a person refuses to allow police to search, that refusal cannot be used against the person at trial.

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Larceny in Virginia

 

Grand Larceny – Va. Code 18.2-95 – Prohibits larceny from the person of another of $5.00 or more in value, or larceny of goods that have a value more than $200. This offense is punished as an unclassified Felony (up to 20 years and up to $2,500 fine).

Petit Larceny – Va. Code 18.2-96 – Prohibits larceny from the person of another in an amount less than $5.00, or larceny of goods that is worth less than $200. This offense is punished as a Class 1 Misdemeanor (up to 12 months in jail and up to $2,500 fine).

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Our Disclaimer

There are many pages in this website that are devoted to giving information about various topics in the law. This information is not meant to constitute legal advice and should not be considered legal advice for any reason. Anyone faced with a legal problem addressed in the pages of this site should contact the Law Offices of Joseph T. Brown PLC for a consultation.