Criminal Defense Attorney
The answer to your question depends on how Virginia will view this type of violation. In general, most jurisdictions I am familiar with consider this type of violation a technical (rather then an actual) violation of probation. Technical violations typically include missing an appointment with your PO, failing a drug test, or not making a payment on outstanding fines. In contrast, an actual violation is typically you being re-arrested or convicted of a new offense while on probation. In addition, there are other factors that can be argued to mitigate a potential violation and re-sentencing that a lawyer licensed in Virginia can assist you with. I suggest that you review the lawyers licensed in Virginia who list here on Avvo.com to locate a few that seem like a good fit for you geographically, call them and ask for a phone consultation to see if there are issues that they can raise in your case to merit the expense of hiring counsel if you are given a VOP. Good luck with your case.
DISCLAIMER: Since I do not practice law in your State, this answer is provided for informational purposes only, for you to use as a starting point when speaking directly with a lawyer admitted in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.
DUI / DWI Attorney
Assuming by "dirty" you mean the urine screen was positive for an illegal drug, then yes, you can be found to have violated the terms and conditions of probation. I am certain that your conditions of probation include the requirement not to violate any laws, and a urine screen which is positive for illegal drugs is evidence that you have violated the law by using that illegal drug.
However, urine screens have problems with forensic reliability, so you may be able to successfully challenge the urine screen evidence, that is of course, unless you subsequently confessed to using the drug in question.
You probably have a sentence which was suspended conditioned upon your successful completion of your period of probation, so being found to be in violation of the terms and conditions of probation can result in some or all of that previously suspended sentence being imposed by the court. Therefore, it is important that you retain an experienced, successful Virginia Criminal Defense Lawyer to assist you with this matter.
I hope you find this information to be helpful. Please feel free to visit my website at www.TheWilsonLawFirm.org for answers to other Frequently Asked Questions.
T. Kevin Wilson, Esq.
The Wilson Law Firm
Virginia DUI & Criminal Defense...When Results Matter
9300 Grant Avenue, Suite 301
Manassas, Virginia 20110
Criminal Defense Attorney
If an individual violates any term of probation, the matter must be communicated to the judge. Often if an individual has a dirty urine while on probation, the probation officer may require him/her to enroll in a substance abuse program, and recommend that no action be taken by the judge if the individual follows the probation officer's instructions regarding substance abuse counseling. Additionally, the probation officer may ask the individual to sign an extension agreement to their probationary period to have sufficient time to complete the additional substance abuse program requirements.
However, the judge can issue a rule to show cause or a capias against the individual to appear and show why their suspended sentence should not be revoked, regardless of the recommendation of the probation officer. If a judge finds the violation, it is most probable that he/she will follow the probation violation sentencing guidelines, which, for only that violation, assuming that it is a first violation, is substantially less than invoking the entire balance of the suspended sentence.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]