A skilled Waynesville probation lawyer is your go-to resource if you violate the terms of your probation in any way and are facing charges.
What Does Probation Typically Involve?
When a person is assigned to probation, the judge will determine the severity and extent of the conditions of their probation. While these are generally different for each case, most orders for probation include terms like:
- Community service
- Travel restrictions
- Work requirements
- Probation officer contact
- Conduct restrictions
- Firearm restrictions
- Drug and alcohol testing
It’s imperative that you speak with your probation officer about any issues or concerns that might arise regarding your probation terms and requirements. If you can’t make an appointment with the probation officer assigned to you, it is important that you have a legitimate excuse for why you can’t and that you immediately notify them when you become aware of this issue. Failing to keep in touch with your probation officer is the most common reason for probation violations.
What’s Considered a Violation of Probation in North Carolina?
Probation is a set period in which you must adhere to stringent regulations and uphold specific legal requirements. This can include increased penalties and travel restrictions if you’re convicted of another crime.
Some common circumstances that often result in a probation violation include:
- Not reporting to your probation officer
- Carrying or buying a firearm
- Remaining unemployed
- Not completing your required community service hours
- Missing a court-appointed deadline
- Failing to pay a fine
- Committing a felony or misdemeanor while on parole
Our experienced Waynesville probation attorneys at King Law have handled a staggering number of probation violations and know what it takes to achieve a successful outcome. They have outstanding negotiation skills, so you can trust you’ll be in good hands. They’ll guide you through all your legal options and advocate on your behalf against the charges against you.
Consequences of Violating Probation in Waynesville, NC
While a minor violation isn’t enough to warrant a revocation, intentional and substantial violations of more than a single probation condition can lead to additional punishment. However, if you violated your probation at no fault of your own, it will likely not result in a probation revocation. For instance, your car broke down or you became sick, leading to you missing your appointment with your probation officer. Judges have wide discretion regarding what types of punishment they will enforce, while they also consider recommendations from probation officers.
If the judge does determine that you intentionally broke a condition of your probation order, they’ll likely impose certain penalties and terms, such as:
1. Continue Your Probation Sentence Unchanged
If the judge finds that your probation violation is minor, they may simply order that you continue serving your probation under the same conditions and terms.
2. Impose a Split Sentence
The judge may order that you serve part of your original suspended sentence in jail. Generally, this split sentence can be up to 25% of your original sentence. After that, you’d be provided with an opportunity to continue your probation sentence to avoid having to serve the remainder of the time.
3. Impose Additional Terms
You might be ordered by the judge to serve extra community hours, put on house arrest, extend curfew, or impose numerous other conditions. This will enable you to continue your probation sentence but under new, stricter terms.
4. Commitment in Response to Violation (CRV)
With this consequence, the defendant is required to spend time in jail (up to 90 days) for their probation violation. Once they serve this punishment, they’ll then continue with their probation.
Out of all consequences, this one is the most serious. Revocation activates the defendant’s original sentence where they must serve the full time in prison or jail.
Violating probation can disrupt or interrupt the progress you’ve made in your criminal case. It’s best to contact a professional Waynesville probation attorney to avoid the consequences of the alleged violation of your probation.
Should You Retain a Probation Lawyer in Waynesville?
Sometimes, individuals who have received probation orders come across extraordinary situations that prevent them from adhering to their probation conditions and terms. Other violations of probation occur unintentionally. Regardless, the judge always views probation violations unfavorably, even when individuals charged with probation violations believe they have a reasonable and legitimate excuse for the violation. Your probation lawyer can help you clarify the circumstances of the violation if it was unintentional or if you absolutely had to violate the terms of your probation due to circumstances you couldn’t control.
A skilled criminal defense lawyer is invaluable in these circumstances and can potentially help you avoid penalties for violating your probation that wasn’t your fault. They can also help you mitigate any penalty you face if you knowingly violate the terms of your probation.
Contact a Reputable Waynesville Probation Attorney at King Law Today to Schedule a Consultation
Regardless of the type of probation violation you’re being charged with, it’s in your best interest to consult with an experienced Waynesville probation lawyer who has firsthand knowledge and experience in dealing with prosecutors, court judges, and probation officers. Violation of probation and subsequent consequences like revocation can severely hurt your chances of rebuilding your life after you’ve committed a crime.
If you are concerned that you violated your probation requirements, reach out as soon as possible to one of our highly-qualified probation lawyers here at King Law to discuss your legal options. Call our law firm today at (888) 748-5464 or (888) 748-KING or fill out our contact form on our website to schedule a consultation.