I was summoned to court for a Probation Non Compliance hearing for failure to attend ADS. I have been attending ADS for 6 weeks

Asked about 4 years ago - Fairfax, VA

I have all the documentation of my attendance at these ADS sessions. What are the chances that my probation will still be revoked and my suspended sentence imposed? I am very anxious about this since the sentence is 70 days in jail. Thanks for the help

Additional information

The ADS process takes some time. First you have to have an evaluation to recommend a placement in a certain program. Next you must attend an orientation. Finally you can start your ADS counseling sessions once a week for 3 hours. Usually the duration of these sessions is approximately 12 weeks.
I initially had an evaluation done in January. Something happened where I had to have another evaluation done on May 5. I accepted the outpatient recommendation on May 11 and attended the orientation group on May 25. I started sessions on June 3rd and have been attending every Thursday since totaling 4 sessions.
I have all documentation of attendance and my counselor is giving a written statement verifying these facts. I notified my probation officer of these details and he said I still have to attend the hearing.
The Probation Officer's letter was dated May 12, however it was postmarked June 16 when I received it. Do you think my probation will remain intact?

Attorney answers (2)

  1. Edward Peter Cuccias

    Contributor Level 8

    Answered . The chances of your probation being revoked and your suspended sentence being imposed depends on the information the Judge receives about your particular situation.

    An attorney can help you review the circumstances that led your Probation Officer to request a probation violation hearing. For example, the attorney can review the court's case file to determine the terms of your probation and what term was allegedly violated that triggered the probation violation.

    An attorney can also help you gather information and documents to support your position that you are not in violation of the terms of your probation. An attorney can then speak with your Probation Officer before the hearing to inform him of your performance of your probation terms, with the goal of convincing him that there is no violation or to agree to something that will not hurt you.

    An attorney can represent you in Court, speaking with the Prosecutor and the PO (again), with the goal of resolving the hearing in a favorable way, and eventually speaking with the Judge.

    I suggest that you consult an attorney about your situation at your earliest opportunity.

  2. Haley Breese Huiting

    Contributor Level 6

    Answered . Does your probation officer know that you have been attending ADS? If not, make sure he or she knows immediately, and offer to show documentation. Were you attending before your summons was served? If you are in compliance with the terms of your probation, it is unlikely you will be be revoked. You certainly have the option to present your evidence of compliance at your hearing. It would be a good idea to hire a lawyer in this situation to represent you at your hearing.

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