Show this technical violation appellate reversal to your Virginia probation violation hearing judge, says Fairfax criminal lawyer

Show your probation violation  hearing judge — through your attorney — this Matheson Virginia probation violation reversal opinion. Matheson v. Commonwealth of Virginia, ___ Va. App. ___ (2025). As a Fairfax criminal lawyer, I regret any judge would jail a probationer in violation of the plain statutory language that limits the incarceration sanctions for technical probation violations. “Technical violattions” include not timely reporting a new arrest, not maintaining employment, not following the probation officer’s instructions, not cooperating with and reporting to the probation officer as instructed, using controlled substances, possessing firearms, making residence changes without permission, and maintaining contact with the probation agent. “Multiple technical violations arising from a single course of conduct or incident or considered at the same revocation hearing shall not be considered separate technical violations for the purposes of sentencing pursuant to this section.” “The court shall not impose a sentence of a term of active incarceration upon a first technical violation… and there shall be a presumption against imposing a sentence of a term of active incarceration for any second technical violation of the terms and conditions of a suspended sentence or probation. However, if the court finds, by a preponderance of the evidence, that the defendant committed a second technical violation and he cannot be safely diverted from active incarceration through less restrictive means, the court may impose not more than 14 days of active incarceration for a second technical violation.” Virginia Code  § 19.2-306.1. 

Why did a Virginia trial judge impose six months incarceration for a non-incarcerable first technical violation of probation? Show your judge the Mathieson Virginia Court of Appeals opinion

For Matheson’s first technical probation violation, her Virginia Circuit Court judge imposed six months of active incarceration, when the Virginia Code clearly bans incarceration for a first probation technical violation. Va. Code § 19.2-306.1. Praised be Mathieson’s prosecutor, who had the professionalism and courage to tell the sentencing judge that “the sentencing guidelines did not ‘reflect the statutory limitation
as far as a first technical violation.'” Id. Mathieson reverses this unlawful jail sentence, but does not provide any good reason for Mathieson’s trial judge to have incarcerated Mathieson for a first technical probation violation in the first place. Show your Virginia probation judge this Mathieson case as applicable.

Be ready for legal generalists when arguing before a judge

Judges in Virginia are generalists, handling such cases well beyond criminal prosecution but also contract and business disputes, injury actions, divorce actions, regulatory actions, and trusts and estates. Your Fairfax criminal lawyer will be more persuasive to your judge, prosecutor and anyone else by being able to show non-condescending understanding and patience. I repeat to make sure that any such communications be genuine, as all communications need to be.

What should I do if charged in Fairfax or elsewhere with a Virginia probation violation?

When charged in Fairfax or elsewhere with a Virginia probation violation or probation / VASAP noncompliance proceeding, obtain a qualified lawyer to obtain as much justice for you, and to show your judge that you should not be found in violation, and should certainly not be incarcerated. At first blush, probation violation defense may not seem as glamorous to some Virginia criminal defense lawyers as trial defense before any conviction, but such defense is essential, and with full skill, devotion and ability at that.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and Virginia prosecutions. Start your road to a great defense with your free initial in-person confidential consultation with Jon Katz about your court-pending prosecution. Usually Jon can meet with you within a business day of your contacting us at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.