Virginia probation agents- Fairfax criminal lawyer says to know their power and the limits of their power

Virginia probation agents (VPAs) can make their probationers’ lives a living hell, or not. As a Fairfax criminal lawyer, I know that VPAs have many demands on their schedules, including directly supervising probationers, preparing presentence reports (PSRs), drafting probation violation reports, appearing in court for sentencing hearings and probation violation / revocation hearings, visiting inmates, and visiting probationers’ homes and places of employment. Just as I as a Fairfax criminal lawyer am a true believer in my role pursuing my clients’ best defense, I will always remember when a Fairfax supervisory probation officers proclaimed that the VPAs in his office very much are true believers in their role.

Are Virginia probation agents permitted to go off on power trips?

Virginia probation agents wield substantial power. They can forgive a perceived or actual probation violation or more — sometimes in favor of remedial action — and can put thumbs up or down on overseas travel (whereby the probationer can seek judicial authorization if needed) as a for instance. Judges rely on VPAs to make sure that probation is meaningful, and not instead seen and treated as a joke by probationers, which means that Virginia trial judges should not be expected easily to align against VPAs. With power comes the risk of abuse of power. Whether or not your VPA is indeed engaged in a power trip that is raining on your day or life, you as a criminal defendant are supremely wise to seek your Virginia criminal defense lawyer’s help and intervention when your VPA seems to be trespassing on your rights or interests, seems to have a vendetta against you, seems to be acting disrespectfully towards you, seems not to care about you, is simply not timely responding to your calls or other contacts, or acts in other ways that you find to be wrong, offensive, abusive, or otherwise unbecoming a VPA. Are VPA’s permitted to go off on power trips? The better question is that it is wise for you to be diplomatic when you feel that something is off kilter or worse with your VPA, and to seek your attorney’s help rather than to confront your VPA all on your own.

Is my VPA permitted to invent special probation conditions?

Your Virginia trial judge and the appellate courts will permit Virginia probation agents leeway to issue directives consistent with your sentencing orders that your judge deems reasonable, but VPAs are not permitted to create special versus technical probation conditions (Virginia Code § 19.2-306.1), which is the difference between probation conditions that permit incarceration for the first offense and conditions that do not permit jail in the first offense. The Virgnia Court of Appeals confirms this in Ellis v. Commonwealth of Virginia, ___ Va. App. ___ (2025).

Fairfax criminal lawyer dispenses some practical tips on avoiding your VPA making your life a living hell

As a Fairfax criminal lawyer, I know that making your life a living hell is not a part of the job description of Virginia probation agents. When you and your Virginia criminal attorney recognize the demands placed on the weekly work schedule of VPAs, the expectations of judges on the one hand and criminal defendants and their attorneys on the other with VPAs, and the benefits of seeking common ground with VPAs rather than unnecessarily combative ground, you can make substantial headway with your VPA. This can be done without giving up your power and liberty, without kissing anyone’s behind, and without losing face. Diplomacy and tact backed up by the power of your having a great Virginia criminal defense lawyer can go a long way.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense, no matter how challenging the circumstances and terrain. Make sure your Virginia criminal attorney knows what s/he is doing, has your best interests at heart, and is ready, willing and able to fight like hell for you. Jon Katz usually can meet with you within a business day of your contacting us. For your free in-person strictly confidential consultation with Jon Katz about your court-pending prosecution, call us at 703-383-1100, Info@KatzJustice.com, or (text) 571-406-7268.