Can You Go Back to Jail for a Probation Violation in Virginia? Technical vs. Substantive Violations Explained
It is possible to go back to jail for a probation violation, but it is also possible to successfully challenge them too! At Battlefield Law Group, we believe your side of the story matters, we don’t just accept what your probation officer says. In this video, attorney Nicole H. Naum shares a case she successfully defended involving a probation violation.
Can You Go Back to Jail for a Probation Violation?
When you’re on probation in Virginia, understanding your obligations and the consequences of violating them is crucial. One of the biggest questions people have is whether a probation violation can land them back in jail. The short answer is yes: probation violations in Virginia can absolutely send you back to jail. But what happens in your case depends on the type of violation, technical or substantive, and the judge’s discretion.
In this short video, Nicole Naum, Founder and Partnering Attorney at Battlefield Law Group, breaks down how the type of violation affects your risk of going back to jail:
👉 Watch Nicole’s video: “Can You Go Back to Jail for a Probation Violation?”
Types of Probation Violations in Virginia
Probation is a court-ordered period where you must follow specific rules instead of serving time behind bars. If you break these rules, you could face a probation violation hearing, and potentially jail time. In Virginia, probation violations are generally classified as technical or substantive.
Technical Probation Violations
A technical probation violation happens when you fail to meet the conditions of your probation, but you’re not charged with a new crime. Common examples include:
Missing a meeting with your probation officer
Failing a drug or alcohol test
Not completing community service hours
Missing court-ordered classes or counseling
Failing to pay court-ordered fines or restitution
Even though these may seem like minor missteps, they can still lead to jail time, especially if they’re repeated or if your probation officer believes you’re not taking probation seriously.
Substantive Probation Violations
A substantive probation violation happens when you commit a new criminal offense while on probation. Examples include:
Getting arrested for DUI or another criminal offense
Committing theft, assault, or drug possession
Any new criminal charge
Substantive violations are considered much more serious because they involve breaking both the terms of your probation and the law.
Why the Difference Matters
The distinction between technical and substantive probation violations matters because it affects:
How your probation officer and the judge handle your case
The possible outcomes, like extended probation, modifications, or going back to jail
The chance of facing additional charges if it’s a substantive violation
Judges in Virginia usually have more flexibility when dealing with technical violations. For example, if you missed a single appointment, they may choose to modify your probation rather than revoke it. But if you’re facing a new criminal charge, the stakes, and the risk of going back to jail are much higher.
How an Attorney Can Help
If you’re accused of a probation violation in Virginia, you don’t have to face it alone. An experienced probation violation lawyer can:
Explain your rights and legal options
Represent you at the probation violation hearing
Advocate for alternatives to jail, like extending or modifying your probation
Fight any new criminal charges if you’re facing a substantive violation
At Battlefield Law Group, we understand that mistakes happen. We’re here to stand by your side, protect your rights, and fight for your future.
Need Help with a Probation Violation in Northern Virginia?
If you’re worried about whether a technical or substantive probation violation could send you back to jail, contact us today. We’re ready to guide you through this process and fight for the best possible outcome. Battlefield Law Group services all major counties in Northern Virginia: Prince William, Fairfax, Loudoun, Fauquier, and Stafford.
Call Battlefield Law Group now to schedule your consultation.
