A suspended sentence always includes a condition to be of “good behavior”. Good behavior is not defined by any statute, but the Virginia Supreme Court has equated it to “substantial misconduct.” Marshall v. Commonwealth, 202 Va. 217, 220. A good behavior violation does not require new criminal convictions.
Probation and good behavior violations are a complicated and evolving area of law. It is important to have an experienced attorney who regularly handles these cases.
What is the difference between a Probation and Good Behavior Violation?
A Good Behavior violation can occur when someone has a suspended sentence but is not on supervised probation, or if they are on probation and the alleged violation occurred before the current term of probation.
A probation violation requires that someone is on active supervised probation, and is accused of violating one or more specific conditions.
Technical Violations
Technical violations are defined by 19.2-306.1.
- Report any arrest including traffic tickets within three days to the probation officer
- Maintain regular employment or notify the probation officer of any changes in employment
- Report within three days of release from incarceration
- Permit the probation officer to visit his home and place of employment
- Follow the instructions of the probation officer, be truthful and cooperative, and report as instructed
- Refrain from the use of alcoholic beverages to the extent that it disrupts or interferes with his employment or orderly conduct
- Refrain from the use, possession, or distribution of controlled substances or related paraphernalia
- Refrain from the use, ownership, possession, or transportation of a firearm
- Gain permission to change his residence or remain in the Commonwealth or other designated area without permission of the probation officer
- Maintain contact with the probation officer whereby his whereabouts are no longer known to the probation officer.
The punishment for technical violation can range from no active jail time to the entire amount of suspended time. Although a judge may not be able to sentence someone to more jail time, that defendant could still be incarcerated while the probation violation is pending.
Tiers of punishment
0 time
Up to 14 days
Up to all of the previously suspended time
Non-Technical Violations
Non-technical violations simply violations for conduct other than the specified list in 19.2-306.1
These violations can include special condition violations, where the defendant is alleged to have violated a condition that is specifically ordered by the court
This can also include what are called new-law violations: where the defendant is accused of committing a misdemeanor or felony after their underlying conviction.
In both special condition and new law violations, 19.2-306.1 does not restrict the sentence that can be imposed. The Judge can legally revoke all of the defendant’s suspended time.
What is the difference between a Probation and Good Behavior Violation?
A Good Behavior violation can occur when someone has a suspended sentence but is not on supervised probation, or if they are on probation and the alleged violation occurred before the current term of probation.
A probation violation requires that someone is on active supervised probation, and is accused of violating one or more specific conditions.
Do I have the same trial rights at a probation violation hearing?
No, probation and good behavior hearings . The burden of proof is “good cause”; a much lower standard than “beyond reasonable doubt”. Additionally, a defendant charged with a probation or good behavior violation has significantly less
What are the possible punishments?
Except in limited circumstances, a judge can impose the entirety of a suspended sentence for probation or good behavior violations.
The consequences of probation and good behavior violations can be severe and life-altering. It is important to talk to an experienced attorney to determine the possible, and likely outcomes for your case.
