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Mr. Capies's crime was unautho- _ rized use of a motor vehicle, to which - he pled guilty in January, 1992.* He ■ was sentenced to five years in jail, with two years suspended and two years of supervised probation. He was assigned to a probation officer• in Washington, D.C. but failed to report as scheduled. In March, 1995 his probation was continued for one more year, but he missed appointments again and failed to appear for a court date. A capias was issued.
Even though Mr. Capies had moved his residence while on probation, "He had time to re-establish contact and show good faith," said Mr. Luke. He said that it was Mr. Capies's duty to contact his probation officer. It is a condition of probation. ''The Commonwealth believes he has violated probation and asks that the two years be imposed," said Mr. Luke.
' Judge Robertson could have ordered Mr. Capies to serve the two year jail sentence which had previously been suspended. He said that the court found that Mr. Capies was in violation of his supervised probation, sentenced him to the two years, suspended the whole sentence, and placed him back on two years' supervised probation.
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