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Probability of Jail Time for Probation Violation of VASAP?

Salem, VA |

While on probation for VASAP due to a marijuana charge I was found guilty of misdemeanor petty larceny and misdemeanor embezzlement. I was sentenced to 15 days which I have already served. I was also convicted of driving without a valid operator’s license and driving too close on my suspended license. I informed my case manager and I completed the program successfully and my case wasn’t returned to the court. I was wondering do you think the judge will order jail time for me violating the terms and conditions of VASAP. Please help.

Attorney Answers 2


  1. If your original sentence came with suspended jail time that is conditional on good behavior for 12months (a likely scenario in your case), and you are convicted of a criminal offense during the 12 months then there is a risk of going to jail on a probabtion violation. Based on what you wrote, jail time sounds likely though it's not certain. I would immediately consult a local attorney who is familiar with the court where you got your marijuana charge. If you want to know whether you were given suspended jail time forthe marijuana charge the go online to the Virginia Supreme Court website and look up "case status" and follow the prompts to find your old case information and sentence.

    Luke J Nichols
    Www.nicholsgreen.com
    (703) 383-9222
    Lnichols@nicholsgreen.com


  2. In addition if your case was a deferred disposition pursuant to 18.2-251 your facing a jail sentence of 30 days and a $500 fine. Get an attorney. You have options with an appeal.