When you are convicted of a crime, one punishment that you may receive is probation. Sometimes probation occurs after you have completed your jail sentence, and sometimes it occurs instead of a jail sentence. When you are on probation you must follow certain conditions. If you willfully fail to do so, you can face serious consequences.
The punishment that you will receive for violating your probation is dependent upon several factors, such as the nature of the initial crime that you committed, the terms of your probation, your criminal record, and the severity of the violation you have committed. Punishment for violating your probation can include a fine, stricter terms or extended duration of your probation, or even a jail sentence.
In North Carolina, there are two types of probation: supervised and unsupervised.
When someone is placed on supervised probation, they are exactly as the name implies: supervised by someone. The court assigns a probation officer who will regularly check in with you and monitor your behavior to ensure that you are in compliance with the specific conditions of your probation. Since you are supervised by a probation officer, you must receive permission from the court in order to travel outside of the state. Additionally, you will be subject to warrantless searches and seizures in order to check for drugs and contraband. As part of your probation, you may be required to perform community service and you will be responsible for any fees related to your probation.
Again, just as it sounds, unsupervised probation means that the court will not assign you a probation officer. Rather, the judge will require that you pay any court fees and restitution. Even without supervision, you must adhere to the conditions of your probation. Unsupervised probation often includes community service.
Common Probation Violations
The terms of every person’s probation are going to be different since they are based on the aforementioned individual factors. However, there are some common ways in which people tend to violate their probation. These include:
- Committing another crime (being convicted; not just being charged)
- Visiting places or people that you have been ordered to avoid
- Not remaining employed
- Failing to complete court-ordered community service
- Missing appointments with your probation officer
- Missing court hearings
- Failing to pay restitution
- Failing to pay fees related to your probation
- Absconding (you have disappeared or made it very difficult to find you)
Hancock Law Firm, PLLC Helps Those in North Carolina Who Have Been Accused of Violating their Probation
If you have been arrested for violating your probation, you may have options. You have the right to defend yourself. Your best bet of doing so successfully is with the help of a knowledgeable and experienced North Carolina criminal defense attorney who understands what you are up against and will fight on your behalf. However, time is of the essence, which is why it’s best to contact a qualified attorney as soon as possible.
At Hancock Law Firm, PLLC, we fully understand what is at stake and will do everything that we can to help you to fight this charge. To learn more or to schedule a free consultation, contact us today!