{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-306.html"}],"law_id":66441,"edition_id":1,"section_id":66441,"structure_id":14013,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","history":"Code 1950, \u00a7 53-275; 1958, c. 468; 1970, c. 275; 1975, c. 495; 1978, c. 687; 2002, c. 628; 2016, c. 718; 2021, Sp. Sess. I, c. 538; 2022, cc. 569, 570.","full_text":"A\n\nSubject to the provisions of § 19.2-306.2, in any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned.B\n\nThe court may not conduct a hearing to revoke the suspension of sentence unless the court issues process to notify the accused or to compel his appearance before the court within 90 days of receiving notice of the alleged violation or within one year after the expiration of the period of probation or the period of suspension, whichever is sooner, or, in the case of a failure to pay restitution, within three years after such expiration. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within six months after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. Such notice and service of process may be waived by the defendant, in which case the court may proceed to determine whether the defendant has violated the conditions of suspension.C\n\nIf the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then the court may revoke the suspension and impose a sentence in accordance with the provisions of § 19.2-306.1. The court may again suspend all or any part of this sentence for a period up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, less any time already served, and may place the defendant upon terms and conditions or probation. The court shall measure the period of any suspension of sentence from the date of the entry of the original sentencing order. However, if a court finds that a defendant has absconded from the jurisdiction of the court, the court may extend the period of probation or suspended sentence for a period not to exceed the length of time that such defendant absconded.D\n\nIf any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred.E\n\nNothing contained herein shall be construed to deprive any person of his right to appeal in the manner provided by law to the circuit court having criminal jurisdiction from a judgment or order revoking any suspended sentence.","order_by":null,"text":{"0":{"id":241154,"text":"Subject to the provisions of § 19.2-306.2, in any case in which the court has suspended the execution or imposition of sentence, the court may revoke the suspension of sentence for any cause the court deems sufficient that occurred at any time within the probation period, or within the period of suspension fixed by the court. If neither a probation period nor a period of suspension was fixed by the court, then the court may revoke the suspension for any cause the court deems sufficient that occurred within the maximum period for which the defendant might originally have been sentenced to be imprisoned.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241155,"text":"The court may not conduct a hearing to revoke the suspension of sentence unless the court issues process to notify the accused or to compel his appearance before the court within 90 days of receiving notice of the alleged violation or within one year after the expiration of the period of probation or the period of suspension, whichever is sooner, or, in the case of a failure to pay restitution, within three years after such expiration. If neither a probation period nor a period of suspension was fixed by the court, then the court shall issue process within six months after the expiration of the maximum period for which the defendant might originally have been sentenced to be incarcerated. Such notice and service of process may be waived by the defendant, in which case the court may proceed to determine whether the defendant has violated the conditions of suspension.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241156,"text":"If the court, after hearing, finds good cause to believe that the defendant has violated the terms of suspension, then the court may revoke the suspension and impose a sentence in accordance with the provisions of § 19.2-306.1. The court may again suspend all or any part of this sentence for a period up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned, less any time already served, and may place the defendant upon terms and conditions or probation. The court shall measure the period of any suspension of sentence from the date of the entry of the original sentencing order. However, if a court finds that a defendant has absconded from the jurisdiction of the court, the court may extend the period of probation or suspended sentence for a period not to exceed the length of time that such defendant absconded.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241157,"text":"If any court has, after hearing, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence or probation, then any further hearing to impose a sentence or revoke a suspended sentence or probation, based solely on the alleged violation for which the hearing was held, shall be barred.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":241158,"text":"Nothing contained herein shall be construed to deprive any person of his right to appeal in the manner provided by law to the circuit court having criminal jurisdiction from a judgment or order revoking any suspended sentence.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},{"id":71480,"structure_id":14013,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","url":"\/19.2-299.2\/","token":"19.2\/18\/1\/19.2-299.2","metadata":false},{"id":56093,"structure_id":14013,"section_number":"19.2-299.3","catch_line":"Report of arrest and conviction of school employees by probation and parole officers for certain offenses","url":"\/19.2-299.3\/","token":"19.2\/18\/1\/19.2-299.3","metadata":false},{"id":64531,"structure_id":14013,"section_number":"19.2-300","catch_line":"Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality","url":"\/19.2-300\/","token":"19.2\/18\/1\/19.2-300","metadata":false},{"id":65087,"structure_id":14013,"section_number":"19.2-301","catch_line":"Judge shall require examination under \u00a7 19.2-300; by whom made; report; expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},{"id":63262,"structure_id":14013,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","url":"\/19.2-303.4\/","token":"19.2\/18\/1\/19.2-303.4","metadata":false},{"id":84397,"structure_id":14013,"section_number":"19.2-303.5","catch_line":"Expired","url":"\/19.2-303.5\/","token":"19.2\/18\/1\/19.2-303.5","metadata":false},{"id":73653,"structure_id":14013,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","metadata":false},{"id":71283,"structure_id":14013,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","url":"\/19.2-304\/","token":"19.2\/18\/1\/19.2-304","metadata":false},{"id":75628,"structure_id":14013,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","url":"\/19.2-305\/","token":"19.2\/18\/1\/19.2-305","metadata":false},{"id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","metadata":false},{"id":59341,"structure_id":14013,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","url":"\/19.2-305.2\/","token":"19.2\/18\/1\/19.2-305.2","metadata":false},{"id":64153,"structure_id":14013,"section_number":"19.2-305.3","catch_line":"Repealed","url":"\/19.2-305.3\/","token":"19.2\/18\/1\/19.2-305.3","metadata":false},{"id":85689,"structure_id":14013,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","url":"\/19.2-305.4\/","token":"19.2\/18\/1\/19.2-305.4","metadata":false},{"id":66441,"structure_id":14013,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","url":"\/19.2-306\/","token":"19.2\/18\/1\/19.2-306","metadata":false},{"id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},{"id":85846,"structure_id":14013,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","url":"\/19.2-306.2\/","token":"19.2\/18\/1\/19.2-306.2","metadata":false},{"id":56424,"structure_id":14013,"section_number":"19.2-307","catch_line":"Contents of judgment order","url":"\/19.2-307\/","token":"19.2\/18\/1\/19.2-307","metadata":false},{"id":78445,"structure_id":14013,"section_number":"19.2-308","catch_line":"When two or more sentences run concurrently","url":"\/19.2-308\/","token":"19.2\/18\/1\/19.2-308","metadata":false},{"id":79069,"structure_id":14013,"section_number":"19.2-308.1","catch_line":"When sentence may run concurrently with sentence in another jurisdiction","url":"\/19.2-308.1\/","token":"19.2\/18\/1\/19.2-308.1","metadata":false},{"id":86121,"structure_id":14013,"section_number":"19.2-309","catch_line":"Sentence of confinement for conviction of a combination of felony and misdemeanor offenses","url":"\/19.2-309\/","token":"19.2\/18\/1\/19.2-309","metadata":false},{"id":63077,"structure_id":14013,"section_number":"19.2-309.1","catch_line":"Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News","url":"\/19.2-309.1\/","token":"19.2\/18\/1\/19.2-309.1","metadata":false},{"id":63650,"structure_id":14013,"section_number":"19.2-310","catch_line":"Transfer of prisoners to custody of Director of Department of Corrections","url":"\/19.2-310\/","token":"19.2\/18\/1\/19.2-310","metadata":false},{"id":65167,"structure_id":14013,"section_number":"19.2-310.01","catch_line":"Transmission of sentencing documents","url":"\/19.2-310.01\/","token":"19.2\/18\/1\/19.2-310.01","metadata":false},{"id":80141,"structure_id":14013,"section_number":"19.2-310.1","catch_line":"Repealed","url":"\/19.2-310.1\/","token":"19.2\/18\/1\/19.2-310.1","metadata":false}],"previous_section":{"id":85689,"structure_id":14013,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","url":"\/19.2-305.4\/","token":"19.2\/18\/1\/19.2-305.4","metadata":false},"next_section":{"id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-306\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 468; in 1970, chapter 275; in 1975, chapter 495; in 1978, chapter 687; in 2002, chapter 628<\/a>; in 2016, chapter 718<\/a>; in 2022, chapters 569<\/a> and 570<\/a>.<\/p>","references":[{"id":60091,"section_number":"17.1-275.3","catch_line":"Fixed felony revocation fee","order_by":null,"url":"\/17.1-275.3\/"},{"id":87119,"section_number":"17.1-275.4","catch_line":"Fixed misdemeanor reduced from felony revocation fee","order_by":null,"url":"\/17.1-275.4\/"},{"id":59327,"section_number":"17.1-275.9","catch_line":"Fixed misdemeanor revocation fee","order_by":null,"url":"\/17.1-275.9\/"},{"id":67896,"section_number":"17.1-803","catch_line":"Powers and duties","order_by":null,"url":"\/17.1-803\/"},{"id":80860,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","order_by":null,"url":"\/19.2-163\/"},{"id":60349,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","order_by":null,"url":"\/19.2-295.2\/"},{"id":86676,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","order_by":null,"url":"\/19.2-295.2_1\/"},{"id":84637,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","order_by":null,"url":"\/19.2-3.1\/"},{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":85846,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306.2\/"},{"id":61790,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","order_by":null,"url":"\/19.2-311\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":80211,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","order_by":null,"url":"\/19.2-392\/"}],"refers_to":[{"id":85808,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","order_by":null,"url":"\/19.2-306.1\/"},{"id":85846,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","order_by":null,"url":"\/19.2-306.2\/"}],"permalink":{"id":169581,"object_type":"law","relational_id":66441,"identifier":"19.2-306","token":"19.2\/18\/1\/19.2-306","url":"\/19.2-306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-306\/","token":"19.2\/18\/1\/19.2-306","dublin_core":{"Title":"Revocation of suspension of sentence and probation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to the provisions of § 19.2-306.2<\/a>, in any case in which the court<\/span> has suspended the execution or imposition of sentence, the court<\/span> may revoke the suspension of sentence for any cause the court<\/span> deems sufficient that occurred at any time within the probation<\/span> period, or within the period of suspension fixed by the court<\/span>. If neither a probation<\/span> period nor a period of suspension was fixed by the court<\/span>, then the court<\/span> may revoke the suspension for any cause the court<\/span> deems sufficient that occurred within the maximum period for which the defendant<\/span> might originally have been sentenced to be imprisoned. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may not conduct a hearing<\/span> to revoke the suspension of sentence unless the court<\/span> issues<\/span> process to notify the accused<\/span> or to compel his appearance<\/span> before the court<\/span> within 90 days of receiving notice of the alleged violation or within one year after the expiration of the period of probation<\/span> or the period of suspension, whichever is sooner, or, in the case of a failure to pay restitution<\/span>, within three years after such expiration. If neither a probation<\/span> period nor a period of suspension was fixed by the court<\/span>, then the court<\/span> shall issue<\/span> process within six months after the expiration of the maximum period for which the defendant<\/span> might originally have been sentenced to be incarcerated. Such notice and service of process<\/span> may be waived by the defendant<\/span>, in which case the court<\/span> may proceed to determine whether the defendant<\/span> has violated the conditions of suspension. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span>, after hearing<\/span>, finds good cause to believe that the defendant<\/span> has violated the terms of suspension, then the court<\/span> may revoke the suspension and impose a sentence in accordance with the provisions of § 19.2-306.1<\/a>. The court<\/span> may again suspend all or any part of this sentence for a period up to the statutory maximum period for which the defendant<\/span> might originally have been sentenced to be imprisoned, less any time already served, and may place the defendant<\/span> upon terms and conditions or probation<\/span>. The court<\/span> shall measure the period of any suspension of sentence from the date of the entry of the original sentencing order<\/span>. However, if a court<\/span> finds that a defendant<\/span> has absconded from the jurisdiction<\/span> of the court<\/span>, the court<\/span> may extend the period of probation<\/span> or suspended sentence<\/span> for a period not to exceed the length of time that such defendant<\/span> absconded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If any court<\/span> has, after hearing<\/span>, found no cause to impose a sentence that might have been originally imposed, or to revoke a suspended sentence<\/span> or probation<\/span>, then any further hearing<\/span> to impose a sentence or revoke a suspended sentence<\/span> or probation<\/span>, based solely on the alleged violation for which the hearing<\/span> was held, shall be barred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing contained herein shall be construed to deprive any person of his right to appeal<\/span> in the manner provided by law<\/span> to the circuit<\/span> court<\/span> having criminal jurisdiction<\/span> from a judgment<\/span> or order<\/span> revoking any suspended sentence<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OF SUSPENSION OF SENTENCE AND PROBATION (\u00a7 19.2-306)\n\nA. Subject to the provisions of § 19.2-306.2, in any case in which the\ncourt has suspended the execution or imposition of sentence, the court may\nrevoke the suspension of sentence for any cause the court deems sufficient that\noccurred at any time within the probation period, or within the period of\nsuspension fixed by the court. If neither a probation period nor a period of\nsuspension was fixed by the court, then the court may revoke the suspension for\nany cause the court deems sufficient that occurred within the maximum period for\nwhich the defendant might originally have been sentenced to be imprisoned.\n\nB. The court may not conduct a hearing to revoke the suspension of sentence\nunless the court issues process to notify the accused or to compel his\nappearance before the court within 90 days of receiving notice of the alleged\nviolation or within one year after the expiration of the period of probation or\nthe period of suspension, whichever is sooner, or, in the case of a failure to\npay restitution, within three years after such expiration. If neither a\nprobation period nor a period of suspension was fixed by the court, then the\ncourt shall issue process within six months after the expiration of the maximum\nperiod for which the defendant might originally have been sentenced to be\nincarcerated. Such notice and service of process may be waived by the defendant,\nin which case the court may proceed to determine whether the defendant has\nviolated the conditions of suspension.\n\nC. If the court, after hearing, finds good cause to believe that the defendant\nhas violated the terms of suspension, then the court may revoke the suspension\nand impose a sentence in accordance with the provisions of § 19.2-306.1.\nThe court may again suspend all or any part of this sentence for a period up to\nthe statutory maximum period for which the defendant might originally have been\nsentenced to be imprisoned, less any time already served, and may place the\ndefendant upon terms and conditions or probation. The court shall measure the\nperiod of any suspension of sentence from the date of the entry of the original\nsentencing order. However, if a court finds that a defendant has absconded from\nthe jurisdiction of the court, the court may extend the period of probation or\nsuspended sentence for a period not to exceed the length of time that such\ndefendant absconded.\n\nD. If any court has, after hearing, found no cause to impose a sentence that\nmight have been originally imposed, or to revoke a suspended sentence or\nprobation, then any further hearing to impose a sentence or revoke a suspended\nsentence or probation, based solely on the alleged violation for which the\nhearing was held, shall be barred.\n\nE. Nothing contained herein shall be construed to deprive any person of his\nright to appeal in the manner provided by law to the circuit court having\ncriminal jurisdiction from a judgment or order revoking any suspended sentence.\n\nHISTORY: Code 1950, \u00a7 53-275; 1958, c. 468; 1970, c. 275; 1975, c. 495; 1978,\nc. 687; 2002, c. 628; 2016, c. 718; 2021, Sp. Sess. I, c. 538; 2022, cc. 569,\n570.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}