Manassas, VA criminal defense attorney Nicole Naum talks about the defenses that might be available to mitigate or dismiss a probation violation. She notes that probation violations can have serious consequences, especially for individuals with felony charges who are under supervision and must strictly comply with probation requirements. Failure to adhere can result in being brought before a judge and potentially facing jail time.

In her experience, probation officers are often overworked, managing hundreds of cases, which can lead to mistakes or incomplete records. She recalls a case in which a client was unfairly cited for absconding. Rather than accepting the violation, she subpoenaed the probation officer and conducted a trial, presenting recordings that demonstrated the officer was aware of the client’s situation and had agreed to coordinate a more appropriate jurisdiction. Under cross-examination, the officer admitted to being overwhelmed with 900 cases, validating her client’s account.

Although her client served a brief period for part of the violation, this approach ultimately saved him approximately a year and a half of potential incarceration. She emphasizes that many attorneys make the mistake of relying solely on probation reports without fully investigating the client’s perspective. By carefully listening, gathering evidence, and advocating effectively, she demonstrates that probation violations can often be addressed more strategically than simply pleading for leniency.