Violation of probation (petit Larceny) I had a felony reduced to a Petit Larceny on May 11

Answered 07/06/2010: The probation that you started on 5/11/2010 will be in effect until at least 5/10/2011. When you commit a second offense, the charge alone, but more likely a conviction, can result in a violation of probation. I have seen people do time for the violation and a second offense of Petit Larceny. Its not certain but the closeness in time to the first doesn't help. The good news is that you can fight both cases and have a chance to win both. A good defense works whether you were convicted of Petit Larceny 2 months prior or not. Give a lawyer a call and stop taking about your case online. Its an admission that could be used against you. Good Luck with this. [Note: Consistent with policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] Brian Geno Geno Law Firm Red Maple Court Office Condominiums 10617 Jones Street, Suite 201-B Fairfax, VA 22030 703-691-GENO (4366) Office 703-691-4774 Fax [email protected] Email www.NovaAttorney.com Web www.GenoLaw.com Web

No, it is not true that you cannot be found in violation of your probation unless you are convicted of the new charges. The burden of proof at a trial is proof beyond a reasonable doubt, but the burden of proof at a probation violation hearing is lower. More evidence is required to be found guilty of a crime than is necessary to be found in violation of the terms of your probation. Having said that, some courts will wait to see what the outcome of the new charges is before acting. You can be found in violation of the terms and conditions of your probation for anything that the Court determines is a violation of those terms and conditions. A condition of all probation terms is staying out of trouble, so being arrested for new offenses is always a problem and can result in you being found in violation. It should be clear that you need the assistance of an experienced Virginia Criminal Defense Lawyer to assist you with these matters and put you in the best position for success. This answer is provided as general information, is not intended to be relied upon, and does not create an attorney – client relationship. For more detailed information specific to your particular situation consult with an attorney experienced in the field of Virginia DUI & Criminal Defense. T. Kevin Wilson, Esq. The Wilson Law Firm DUI & Criminal Defense…When Results Matter 9300 Grant Avenue Suite 301 Manassas, Virginia 20110 Telephone 703-361-6100 Telephone 888-DUI-LWYR Facsimile 703-365-7988 Web: www.TheWilsonLawFirm.org Member, National College of DUI Defense Member, Virginia Association of Criminal Defense Lawyers Member, National Association of Criminal Defense Lawyers For a FREE copy of the Virginia DUI / DWI Arrest Survival Guide: The Guilt Myth, a consumer guide written by a nationally recognized Virginia DUI Defense Lawyer, visit www.TheWilsonLawFirm.org