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  1. #1

    Default How Long Can You Be on Probation for a Misdemeanor

    My question involves criminal law for the state of: Virginia

    Iím curious as to how long I can be on probation for a non violent class 1 misdemeanor. I was charged with unlawful possession of a firearm by a mentally ill individual. I thought I could own a muzzleloader despite being hospitalized.

    I cooperated with the officer and even gave him the rifle when he asked to see it.

    Last Thur at my trial I was told my sentence was 90 days suspended, probation and to agree to have the city destroy the weapon.

    Iím looking at my probation paperwork I signed and itís telling me 5 years good behavior/5 year minimum probation.

    I think this is a bit odd. I had a friend whom about 10 years ago started getting into trouble. First he broke into an abondoned factory and did about 5k worth of damage, then he got caught with a bunch of weapons (knife taser crossbow etc) in a guitar case, and lastly assaulted someone with a B.B. gun.

    For each individual charge he never served more than 1-2 years probation.

    How likely am I to have to be on probation for the full 5 years?

  2. #2
    Join Date
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    Default Re: Va Probation Laws

    Quote Quoting Hemispheres
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    How likely am I to have to be on probation for the full 5 years?
    Pretty good since it is listed as the minimum.

  3. #3

    Default Re: Va Probation Laws

    Just called my lawyer, 5 years is good behavior. Probation will be up well before then

  4. #4
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    Default Re: Va Probation Laws

    Quote Quoting Hemispheres
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    Just called my lawyer, 5 years is good behavior. Probation will be up well before then
    That makes no sense.

  5. #5

    Default Re: Va Probation Laws

    He dealt the plea deal.

    5 years is mandatory unsupervised. The actual supervised probation will most likely be less than a year.

  6. #6
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    Default Re: Va Probation Laws

    Quote Quoting Hemispheres
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    5 years is mandatory unsupervised. The actual supervised probation will most likely be less than a year.
    If you have 5 years of unsupervised probation then your statement that "Probation will be up well before then" is quite incorrect. Your supervised probation might be but you will still be subject to the terms of probation until you are fully released. If you behave, that may be before the whole 5 years or it may not.

  7. #7

    Default Re: Va Probation Laws

    From the sound of it 5 years good behavior means from 8/30/18 - 8/30/23 I can be brought back to serve my 90 day sentence if I get in any sort of trouble.

    I knew 5 years probation was excessive based on other cases Iíve read about and friends from years back doing stupid shit on a regular basis.

    If you can rack up 5 felonies and plea them down to a single felony, 1 yr probation and full restitution them Iím not lookin at 5 years total. Given my sentence Iíll most likely be taken off shortly after paying all of my fees.

  8. #8
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    Default Re: Va Probation Laws

    Your lawyer appears to be stating that if you fully comply with probation, and have paid off all fines and assessments, you stand a good chance of getting an early discharge from the nonreporting portion of your probation once you complete your supervised probation. Although policies vary by state and county, and we are not in a position to verify the practices of your sentencing court, that is certainly possible.

    Sometimes an early discharge can be obtained through a request to the probation officer or department; sometimes it requires a motion to the sentencing court. Your lawyer can clarify the procedure that you can expect to follow once you reach that point.

  9. #9
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    Default Re: Va Probation Laws

    If you have an attorney representing you then any legal questions you have are best directed at him.

  10. #10
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    Default Re: Va Probation Laws

    Good behavior is a reason to have the the probation revoked (in a good way). I'm still confused as to why the excessive probation period. In fact, the whole concept of the good behavior revocation stuff comes from the FELONY side of the house. Are you sure that the possession by a disqualified person was the only thing you were convicted of?

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