J.K.N. v. Commonwealth of Virginia, 0455154

Juvenile J.K.N. pled guilty to misdemeanor computer harassment in juvenile court; the court withheld a finding of guilt and placed her on supervised probation pending disposition.
January 10, 2013 order placed J.K.N. on supervised probation “pending disposition” with conditions including curfew and a prohibition on running away; she signed “Rules of Probation.”
March 19, 2013 Probation Order reiterated probation and directed a probation officer to provide written conditions; set case for further disposition.
July 25, 2014 order granted a deferred disposition conditioned on compliance for three months and stated “Disposition is deferred”; it did not restate all prior probation conditions.
In August 2014 the Commonwealth petitioned alleging J.K.N. violated probation by leaving home without permission (curfew/runaway rules). On October 27, 2014 the juvenile court adjudicated her delinquent for computer harassment and found a probation violation; the circuit court affirmed and imposed a suspended 10-day detention sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether J.K.N. was still on probation when she left home	July 25, 2014 order was a disposition; probation was only “pending disposition,” so probation ended and she could not be found in violation	January 10, 2013 (and March 19, 2013) orders imposed probation “pending disposition” and later orders deferred disposition, so probation continued until final disposition	Probation remained in effect; the juvenile and circuit courts properly found a probation violation and adjudicated the offense

Leitao v. Commonwealth, 39 Va. App. 435 (court’s interpretation of its own order entitled to deference)
Burwell’s Bay Improvement Ass’n v. Scott, 277 Va. 325 (legal effect of a court order is a question of law reviewed de novo)
White v. Commonwealth, 276 Va. 725 (distinguishable: probation tied to a calendar date lapses when that date arrives)