Should I Tell My Probation Officer if I Got Arrested in Woodbridge?

If you got arrested while on probation in Woodbridge, you are almost certainly required to report your arrest to your probation officer. Reporting arrests is a standard condition of probation, with most probationers required to do so within 72 hours. In this scenario, it will be important to quickly hire an experienced Woodbridge probation violation lawyer as well.

When you are on probation in Virginia, you are required to strictly comply with all of the terms that the court imposed when authorizing your release. While this typically includes complying with terms such as staying off drugs and staying out of trouble, it also requires reporting any arrests to your probation officer.

Reporting arrests is a standard condition of probation. Under Section 19.2-306.1 of the Code of Virginia, failing to report an arrest to your probation officer within 72 hours is classified as a “technical violation.” This means that a judge cannot send you to jail for a first offense—though you could still be facing jail time (and other consequences) for the crime for which you were arrested.

What Happens if I Don’t Report an Arrest to My Probation Officer?

If you get arrested while on probation and choose not to report your arrest to your probation officer, what happens next will depend on the circumstances at hand. Since failure to report an arrest is a technical violation under Section 19.2-306.1, the consequences of failing to report your arrest will depend on your prior record:

• First Technical Violation – If this is your first technical violation of the terms of your probation, the judge will not send you to jail.
• Second Technical Violation – If this is your second technical violation of the terms of your probation, the judge can send you to jail for up to 14 days if the judge determines that you “cannot be safely diverted from active incarceration through less restrictive means.”
• Third or Subsequent Technical Violation – If this is your third or subsequent violation of the terms of your probation, the judge can send you to jail for “whatever sentence might have been originally imposed.”

Of course, along with facing potential consequences related to your probation violation, you are also facing all of the potential consequences associated with your arrest. Your new case will be handled just like it would in any other circumstance—although you may now be facing prosecution as a repeat offender, which could increase the risks involved.

Will My Probation Officer Find Out About My Arrest if I Don’t Report It?

Even if you don’t report your arrest to your probation officer yourself, there is a very good chance that your probation officer will find out about it anyway. Additionally, regardless of whether your probation officer finds out about your arrest, prosecutors will know that both: (i) you were on probation; and (ii) you were arrested again.

As a result, prosecutors will be able to raise your probation violation in court, and they will be able to try you as a repeat offender if warranted. These are both important reasons to promptly hire an experienced Woodbridge probation violation lawyer.

What Should I Do if I Was Arrested While on Probation in Woodbridge, VA?

With all of this in mind, if you have been arrested while on probation in Woodbridge, there are some important steps you should take as soon as possible. To protect yourself in this scenario, you should:

1. Report Your Arrest to Your Probation Officer (if It’s Not Already Too Late)

If you still have time to comply with the terms of your probation, you should report your arrest to your probation officer as required. Even if failing to report your arrest would be your first technical violation, having a probation violation on your record could increase your risk in the future.

2. Exercise Your Right to Remain Silent

While it is important to comply with the terms of your probation, it is also important to exercise your right to remain silent. If you are facing prosecution, you need to be very careful to protect yourself. This includes making sure you do not say anything that prosecutors could use against you in court.

3. Hire an Experienced Woodbridge Probation Violation Lawyer to Represent You

An experienced Woodbridge probation violation lawyer will be able to help you make smart decisions while protecting you in court. Arrests for all types of crimes can pose risks for serious and long-term consequences, and you owe it to yourself to fight your case by all means available.

FAQs: Protecting Yourself If You Got Arrested on Probation

What are the penalties for failing to report an arrest to my probation officer?

The penalties for failing to report an arrest to your probation officer depend on your individual circumstances. While you shouldn’t be facing jail time for a first offense, you could be facing extended supervision, additional probation requirements and/or other consequences.

What if I didn’t know I had to report an arrest to my probation officer?

If you made an honest mistake, it could serve as a defense to a violation of the terms of your probation. With that said, prosecutors will likely argue that you knew (or, at the very least, should have known) that you were supposed to report your arrest.

Should I hire a lawyer if I was arrested while on probation in Woodbridge, VA?

Yes, if you were arrested on probation in Woodbridge, you should hire a lawyer promptly. Regardless of the specific charges you are facing, this is a high-risk scenario that requires experienced legal representation.

Schedule a Free and Confidential Consultation at Stevens Caruso

If you were arrested while on probation in Woodbridge, we encourage you to contact us promptly so that we can help protect you. To schedule a free and confidential consultation with an experienced Woodbridge probation violation lawyer as soon as possible, call 703-897-1777 or tell us how we can contact you online now.