Duff v. Commonwealth
In Duff v. Commonwealth, 16 Va. App. 293, 429 S.E.2d 465 (1993), the parties agreed that the failure to pay restitution "resulted from an inability to pay . . . rather than from an unwillingness or refusal to do so." Id. at 296, 429 S.E.2d at 466.
The trial judge noted there was no evidence the defendant was "holding back on us or trying to pull the wool over our eyes" and "I'm . . . confident . . . he is not perpetrating any fraud . . . on us." Id. at 295, 429 S.E.2d at 466.
The revocation was unreasonable because the violation was not willful or the result of fraud. Id. at 298, 429 S.E.2d at 467 (analyzing Code 19.2-305.1 and -306).