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  1. #1
    Join Date
    Nov 2015
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    2

    Question What Punishment Will be Imposed for a Probation Violation

    Is my girlfriend likely to have her sentence activated for a probation violation, or will she receive some kind of CRV? (Abingdon, VA)

    She got a 10 year suspended sentence in VA for possession of a schII, and subsequently, possession of a firearm by felon in April 2014 (5 yrs each charge, and never been in trouble before or since). Her probation was transferred to NC where she's a resident. In April 2015 she failed a drug test for pot and was referred to TASC. Upon missing a TASC appointment, she was discontinued, and her PO violated her, in spite of the fact that she was in the hospital (he says he couldn't verify her being there) She has records indicating she was indeed there, and even called to reschedule the appointment when she realized she wouldn't make it. VA issued a capias as a result, now she's sitting in jail in NC awaiting transfer to VA.

    I realize that her punishment for this will be somewhat discretionary on the part of a judge, but this is her first and only violation, she's terrified, doesn't know what to do, and I don't know how to help her. She obviously doesn't have her admission and discharge papers with her to take to hearing, and the hospital will not release them to anyone but her. We can't afford representation, and I've never felt so helpless in my entire life. I would trade places with her in an instant just so she wouldn't have to go through this.

    Thank you for taking the time to read this lengthy post... Any insight would be gratefully appreciated.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: What Punishment Will be Imposed for a Probation Violation

    Your girlfriend needs to have this discussion with her criminal defense lawyer.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: What Punishment Will be Imposed for a Probation Violation

    In Virginia, she will be eligible for representation at the revocation hearing by the public defender if she is indigent.

    Understand, she has a very serious and intentional (and stupid) violation of her probation conditions by doing drugs. It was stupid because she KNEW she would be tested. TASC isn't some doctor's appointment that she can invent excuses for not complying with. It's part of the corrections process. If she can't make it, revocation is the STANDARD procedure.

    She can sign a HIPAA release to allow you to obtain the records, though frankly, I'm not sure it will help.

  4. #4
    Join Date
    Nov 2015
    Posts
    2

    Default Re: What Punishment Will be Imposed for a Probation Violation

    Thanks for pointing out the seriousness of it all.

    In NC, there is something called Confinement Related to Violation. It's so ten year sentences don't get activated in their enitirety for minor violations. It rangesfrom 30 to 90 days and doesn't count towards anything.

    Stupid or not, it's done, but she's otherwise been a model probationer.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: What Punishment Will be Imposed for a Probation Violation

    North Carolina laws don't matter. She is subject to the harshest of both states but Virginia is the determining one which is why she's waiting for them to haul her back to ol' virginny.

    She's not a model probationer in any sense of the word. She's been violated twice and I suspect she committed more violations than just what they caught.

    Understand that they would have liked to lock her up after the drug test failure, TASC was her commitment to show she wanted to stay clean and she obviously couldn't do that.

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