Charlotte Criminal Lawyer Blog
What You Need to Know About Probation Violations
Probation is often included in the sentencing for many varied crimes in North Carolina. Both misdemeanors and felonies may include some form of probation as part of the sentence. When you are placed on probation it means that you must obey the requirements of the court order. If you violate the terms of your probation, it could be revoked, and you might end up in jail. A knowledgeable criminal defense attorney will help you resolve matters of probation violation.
What is Probation?
Probation is usually an alternative to a jail sentence. It is a court order that indicates terms of release in a criminal case. Probation may be the result of a plea deal or it might be the final step in a term of incarceration. The judge determines probation based on a variety of factors, such as the severity of the offense and whether you have prior convictions, among others. It is a deterrent in that it requires you to stay out of trouble and report regularly to a court officer during the probationary period.
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Types of Probation
Probation may be a condition of release or it might be a requirement as part of the initial sentence. Probation may come after incarceration in more serious cases. The probation might be supervised or unsupervised. Typically, unsupervised probation is for lesser crimes or for those who have no previous record. Probation becomes part of your official sentence. You must obey all the conditions of probation, or it may be revoked.
What Happens if I Violate Probation?
A violation of probation happens when you do something that is prohibited as part of your probation agreement. Your probation requirement may be unique to your sentence. If you violate probation, it means that the judge can revisit your sentence and could revoke your probation. If you are out on probation, you might end up back in jail if you violate the terms. One of the most common reasons for violation is failure to check in with your probation officer. When that happens, the officer reports the violation and a warrant may be issued for your arrest.
Can They Revoke My Probation?
Depending on the reason for the probation, yes, your probation could be revoked. If you know you violated probation, it is in your best interest to find out whether there is a warrant. If a violation could cause you to be put in jail, you will want to make arrangements to turn yourself in with help from your criminal defense attorney. You can better control the situation and show that you are taking responsibility for your mistake.
It is almost always in your best interest to turn yourself in rather than get caught and arrested at an inopportune time. Your attorney will assist you in resolving the matter and represent you during a hearing regarding your probation violation. Violation of your probation might cause you quite a bit of stress and strife. If you violated the terms of your probation, do not hesitate to seek legal guidance. Discuss your case with a Charlotte Probation Violation Attorney, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the matter with our qualified criminal defense team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/probation
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-1343.html
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