Probation Violations in Virginia

The court that suspended the sentence decides probation violations, after a hearing, and must issue process to notify the person within set deadlines (generally 90 days after learning of the violation). If the court finds good cause to believe the terms were violated, it may revoke the suspended sentence and impose time, then suspend it again with new probation terms; absconding can extend probation. For a 'technical violation' (such as failing to report as instructed, using drugs, or changing residence without permission, without a new crime), the court may not impose active jail for a first violation, there is a presumption against it for a second (at most 14 days, found by a preponderance of the evidence), and any sentence is possible for a third or later one. A new criminal conviction or other non-technical violation allows the court to impose any or all of the suspended time; revocation orders can be appealed.

Virginia's rule on court-appointed lawyers: A person charged with an offense that may be punishable by confinement in a state correctional facility or jail who claims indigency may have counsel appointed. The court determines indigency by oral examination or other competent evidence, reviewing net income, convertible assets and exceptional expenses (a spouse's finances count if living in the household, unless the spouse is the alleged victim). Recipients of a state or federal public assistance program for the indigent are presumed eligible. Counsel must be appointed if available funds are at or below 125 percent of the federal poverty income guidelines for the household size; above that, the court may appoint counsel in exceptional circumstances, stating its reasons in writing. The accused signs a sworn statement of indigence and a written financial statement. Where there is no public defender, counsel is chosen by fair rotation from a list maintained by the Virginia Indigent Defense Commission. Va. Code § 19.2-159

Lawyers set their own fees, and Virginia has rules on how they may charge. See hiring a criminal defense lawyer in Virginia for fee rules, how to check a lawyer's license and free help.

How release before trial works in Virginia: A judicial officer decides bail and, before any bail hearing, must obtain the person's criminal history to the extent feasible. A person held in custody shall be admitted to bail unless there is probable cause to believe that the person will not appear for trial or hearing, or that the person's liberty will constitute an unreasonable danger to himself, family or household members, or the public. The judicial officer considers all relevant information, including the nature and circumstances of the offense, whether a firearm was alleged to have been used, the weight of the evidence, family ties, employment, education or treatment, length of residence and community ties, criminal convictions, court appearance history and failures to appear, likelihood of obstructing justice or threatening witnesses, jurors or victims, pregnancy or recent birth or nursing, bond status on unrelated arrests, and probation or parole status. If bail is granted to a person charged with an act of violence under § 19.2-297.1, the Commonwealth's attorney must be notified. Va. Code § 19.2-120 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Virginia expungement and record sealing rules.