If you are carrying out a probation sentence and your probation officer determines that you have violated your probation requirements, it could end up in probation revocation. This can lead to you spending your remaining sentence in prison. Probation revocation involves many complexities, so you’ll want to consult with an Gastonia probation lawyer who can guide you through these complexities and act on your behalf to help get you the best results for your case.
What Is a Probation Violation?
Probation violations occur when a judge orders that your probation be revoked. If this happens, you might be required to carry out your original sentence in jail, or you may even face new charges if your probation violation involved you committing another crime. Either way, probation violation charges are serious and complex. What may have been a short-term issue for you could easily become a life-changing event—even if you misunderstood your probation violation.
A skilled probation violation attorney in Gastonia has extensive knowledge of the state’s strategy, any potential weaknesses of this type of case, and how to communicate and work with all parties involved in the violation. They acknowledge that you still have legal rights, and just because you’ve been charged and convicted of a crime, your rights are still very important. Probation lawyers are highly-skilled criminal defense lawyers that can offer you protection from you making your situation worse. They can act as a liaison to the judge and prosecutor while protecting your rights and giving you the absolute best legal representation.
An Gastonia probation attorney can successfully represent you for probation violations such as:
- Absconding or leaving the area
- Failing to report to your probation officer
- Missing curfew
- Failing to pay child support
- Visiting prohibited places
- Failing to pay restitution or fines
- Testing positive for drugs or alcohol
- Being with individuals that were forbidden per the terms of your probation agreement
- New charges
An experienced Gastonia probation violation attorney will evaluate your case and offer you the best solution.
Understanding Gastonia, NC Probation
In Gastonia and other locations in the NC state, a judge might sentence an offender to probation either in addition to prison time or in place of prison time. Generally, probationary sentences are ordered for individuals convicted of non-violent crimes, first-time offenders, or those convicted of other offenses the judge feels don’t warrant time in prison.
Generally, there are two forms of probation—unsupervised and supervised.
Unsupervised probation is a period you serve that doesn’t require you to check in regularly with the court or a probation officer. You will need to ensure you don’t violate any of the terms of your probation.
Supervised probation requires you to check in with a probation officer assigned to you, typically once per month. You might be required to submit to a warrantless home search or to take an alcohol and drug test. You’ll be required to stay in the state of North Carolina during your probation period and pay a fee.
You’ll be required to follow a set of rules by the court during your probationary period. If you violate these rules, it can lead to your probation being revoked and you having to serve the rest of your sentence in jail. Some probation rules courts commonly put in place include:
- You must not possess any guns or other weapons
- You must not commit any other crimes
- You must avoid places that are known for illegal activities; you must avoid felons
In addition to following these rules, you’ll also need to pass drug tests, pay fines, and cooperate with your probation officer. You may need to engage in court-ordered public service as part of your probation, which generally involves a number of hours of public service you must perform. You might be sentenced to house arrest, depending on your conviction, and you’ll need to wear a monitoring device.
Actions Judges Can Take
If you’re caught violating your probation, the judge has the authority to add new conditions, extend your probation, or even order you to serve the rest of your sentence in jail.
It’s imperative that you seek reputable defense representation from a reliable Gastonia probation violation lawyer to avoid these types of consequences.
Why Seek Legal Representation for a Probation Violation in Gastonia?
You should never take probation violations lightly. Even though some of the probation laws in North Carolina have changed, this doesn’t mean the judge will go easy on you if you violate your probation. Judges don’t like frivolous excuses and will impose legal penalties.
Probation laws are extremely technical and complicated. A meticulous Gastonia probation lawyer in probation violation law can evaluate all the fine details to ensure your probation officer has taken the proper steps. This includes a district attorney as well. If they haven’t, your probation lawyer can have the violation thrown out completely. An experienced probation violation attorney in Gastonia understands the laws and is dedicated to protecting your legal rights. It is never a good idea to face a judge for a probation violation without the professional legal representation of a skilled probation lawyer.
Contact King Law to Speak With a Skilled Gastonia Probation Lawyer Today
Whether you’ve been accused of probation violation for being able to find or maintain a job, failing a drug test, or allegedly committing another crime, our compassionate Gastonia probation attorneys are standing by to fight for you. An essential part of our job as probation violation lawyers includes assessing all the facts against you. Here at King Law, we will fight hard and do our best to have the consequences of the probation violation lessened. We may even be able to have the charges dismissed, depending on your case.