2006 Code of Virginia § 19.2-306 - Revocation of suspension of sentence and probation

19.2-306. Revocation of suspension of sentence and probation.

A. In any case in which the court has suspended the execution or impositionof sentence, the court may revoke the suspension of sentence for any causethe court deems sufficient that occurred at any time within the probationperiod, or within the period of suspension fixed by the court. If neither aprobation period nor a period of suspension was fixed by the court, then thecourt may revoke the suspension for any cause the court deems sufficient thatoccurred within the maximum period for which the defendant might originallyhave been sentenced to be imprisoned.

B. The court may not conduct a hearing to revoke the suspension of sentenceunless the court, within one year after the expiration of the period ofprobation or the period of suspension, issues process to notify the accusedor to compel his appearance before the court. If neither a probation periodnor a period of suspension was fixed by the court, then the court shall issueprocess within one year after the expiration of the maximum period for whichthe defendant might originally have been sentenced to be incarcerated. Suchnotice and service of process may be waived by the defendant, in which casethe court may proceed to determine whether the defendant has violated theconditions of suspension.

C. If the court, after hearing, finds good cause to believe that thedefendant has violated the terms of suspension, then: (i) if the courtoriginally suspended the imposition of sentence, the court shall revoke thesuspension, and the court may pronounce whatever sentence might have beenoriginally imposed or (ii) if the court originally suspended the execution ofthe sentence, the court shall revoke the suspension and the original sentenceshall be in full force and effect. The court may again suspend all or anypart of this sentence and may place the defendant upon terms and conditionsor probation.

D. If any court has, after hearing, found no cause to impose a sentence thatmight have been originally imposed, or to revoke a suspended sentence orprobation, then any further hearing to impose a sentence or revoke asuspended sentence or probation, based solely on the alleged violation forwhich the hearing was held, shall be barred.

E. Nothing contained herein shall be construed to deprive any person of hisright to appeal in the manner provided by law to the circuit court havingcriminal jurisdiction from a judgment or order revoking any suspendedsentence.

(Code 1950, 53-275; 1958, c. 468; 1970, c. 275; 1975, c. 495; 1978, c. 687;2002, c. 628.)

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