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Home / Opinion Digests / Statute mitigating probationers’ penalties struck down (access required)

Statute mitigating probationers’ penalties struck down (access required)

Where the General Assembly enacted a statute that prohibits courts from enforcing certain probation violations, the statute violates the separation of powers clause in the Virginia Constitution. Overview A defendant placed on supervised probation is subject to 11 mandatory rules and requirements: “1. Obey all Federal, State and local laws and ordinances, “2. Report any arrests within 3 days ...