Can a misdemeanor charge cause a probation violation?

UPDATED: Feb 15, 2012

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Can a misdemeanor charge cause a probation violation?

My sister was originally charged with fraud and embezzlement. She was given 10 years probation. Then she was convicted of a felony fraud. She was given 5 years suspended and was violated on her probation. The judge added 10 additional years to her probation for the violation, bringing it to 20 years. She now has another charge of embezzlement. They have dropped the most recent charge down from a felony to a misdemeanor. She is telling me that she will not be violated on her probation because her new charge is only a misdemeanor. Is this correct?

Asked on February 15, 2012 under Criminal Law, Virginia


Russ Pietryga / Pietryga Law Office

Answered 11 years ago | Contributor

Probably not.  Usually, when a judge allows probation, one of the conditions is no further charges except minor traffic infractions.  It sounds absurd that a judge would put someone on probation and one of the conditions is that the defendant not get a felony.  That said a judge has discretion to make the condiotions of probation.

Sounds like she violated probation.

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