on a prbation violation when the judge says he is going to restore the case what does that mean.

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on a prbation violation when the judge says he is going to restore the case what does that mean.

Asked on May 29, 2009 under Criminal Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It sounds as though you were on some kind of deferred adjudication and if you successfully completed the terms of your probation your case would have been dismissed.  However, since you violated those terms the judge is going to "restore the case".  That is, you may have to serve the sentence that you would have been given absent your probation.

Without more fact it's hard to say for sure.  Also, I'm not admitted to practice in Virginia so possibly there is something here that I am missing.  What I do know is that you are in trouble.  Speak with the attorney who represented you originally.  If you didn't have an attorney at that time, then get one.  You need legal representation now.


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