Asheville Probation Violation Lawyer

In Asheville and other areas of North Carolina, a judge may sentence an offender to probation either in place of jail time or in addition to jail time. Probationary sentences are given to first-time offenders, those convicted of non-violent crimes, or other offenses that a judge feels does not warrant prison time.

There are generally two types of probation:

• Unsupervised probation refers to a probationary period without the requirement to check in with a probation officer or with the court on a regular basis. You must not be caught violating any of the conditions of your probation.
• Supervised probation refers to a sentence requiring you to check in with your assigned probation officer, usually once per month. You may be required to take a drug test or you may be required to submit to a warrantless search of your home. You will be required to pay a fee and must remain in the state during your probationary period. 

During your probationary period, you will be required to follow rules set forth by the court. Violation of these rules could result in your probation being revoked and jail time imposed for the remainder of your sentence. Some of the rules for probation are:

• You must not commit any other crimes
• You must avoid felons or places that have a reputation for illegal activities
• You must not possess guns or other weapons

 These rules are in addition to paying fines, passing drug tests, and cooperating with your probation officer. Part of your probation may include court-ordered public service, which usually involves a time frame and number of hours that must be performed. Depending on your conviction, you may also be sentenced to house arrest and be required to wear a monitoring device.

Of course, there are several ways to violate your probation, some of which depend on the rules and guidelines set by the court when you were sentenced. Some of the most common probation violations are:

• Habitually missing appointments with your probation officer or failing to appear in court as ordered. These appointments are generally set up to monitor your progress and your failure to appear may directly violate your probation.
• Failing to complete your court-ordered community service. Even if you have completed some of the ordered community service, failure to complete it in the time allotted can be considered a probation violation. 
• Failing to pay fines to the court or restitution to a victim as ordered by the court could revoke your probation.
• If you fail your court-ordered drug or alcohol tests as ordered by the court or if you do not submit to testing as ordered, it is considered a probation violation.
• Association with known felons or spending time in places forbidden by the court is a probation violation.
• If you were ordered by the court to remain at your job or in school, losing your job or not attending school can be a violation of your probation.

Lastly, the most serious violations include committing another crime, leaving the state, or violating your house arrest (if applicable).

If your probation officer or a judge determines that you are in violation of one or more of the terms of your probation, you will be scheduled for a hearing either at District or Superior Court, depending on your original conviction. With the help of an Asheville probation violation lawyer, you can present evidence that you did not violate the terms of your probation, or if you did, there was a legitimate reason for doing so. 

In court, your probation officer will present opposing evidence. A judge will preside over the hearing and will determine the consequences which could include extending your probation period, jail time, additional requirements outlined in your probation, or revoking your probation altogether. If the judge rules to revoke your probation, you could be ordered to serve time in jail or prison. 

If your probation is revoked, it is important to have a probation violation attorney who can appeal your case. This could be done either through an administrative appeal or a judicial review. 

An administrative appeal involves having an administrator review the judge’s decision. You must provide documentation to support your appeal within ten days of the revocation. This motion must contain a written appeal and would outline the reasons why you are appealing the decision. You can also apply for a judicial review within 45 days of the revocation. Appeals are complex and time-consuming and require the expertise of a probation violation lawyer in order for you to get the best results for your case.