11.5 Proceedings to Revoke or Modify Orders of Probation, Protective Supervision, or Parole

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

11.5 PROCEEDINGS TO REVOKE OR MODIFY ORDERS OF PROBATION, PROTECTIVE SUPERVISION, OR PAROLE

A completely different type of modification proceeding may occur when the juvenile has been placed on probation as an element of the disposition and the juvenile probation officer initiates an effort to revoke probation. ¹⁹ The proceeding may be begun by the officer taking the juvenile into physical custody, since probation officers are given the power to arrest, ²⁰ or by filing a petition with the court alleging a violation. Section 16.1-248.1 of the Virginia Code makes clear that a juvenile may be detained pending a hearing when he or she has been charged with a probation or parole violation and the underlying offense was a Class 1 misdemeanor or a felony, or if the juvenile has violated any of the provisions of section 18.2-308.7, and the other criteria for pretrial detention are met.

Juvenile probation revocation proceedings are frequently analogized to those for adult probationers. Thus, under Gagnon v. Scarpelli, ²¹ the juvenile would be entitled, after due notice, to a hearing at which he or she has the right to be present, to present evidence, to cross-examine witnesses, and to be

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represented by counsel. ²² The Commonwealth should have to prove that the juvenile had adequate notice of the term of probation allegedly violated and that the term clearly has been violated.

Although the Virginia Court of Appeals held in Pannell v. Commonwealth ²³ that section 16.1-291 of the Virginia Code...