What Happens If I Violate My Probation?

The consequences of a probation violation can be quite severe. The punishment can vary considerably depending on the nature of the underlying crime, the severity of the violation, the terms of your probation, and your criminal record. You could be facing a longer or stricter probation, a fine, or even jail time.

By working with the Stowe Law Firm, PLLC, after a probation violation, you stand a better chance of reducing the severity of the punishment or even having the probation violation charges dismissed.

What Is a Probation Violation?

A probation violation occurs when a person willfully violates the terms of their probation.

When someone is convicted of a crime, either by pleading guilty or after a trial, the court can place the offender on probation. While probation is better than spending time in prison, that doesn’t mean it’s easy.

In other instances, a person is placed on probation as part of their criminal sentence after they are released from prison.

Regardless of how you ended up on probation, there are strict rules you must follow. The judge will tailor the terms of your probation to your unique circumstances. But regardless of the specifics, if you break the rules, you could face severe consequences.

Types of Probation in NC

North Carolina uses two types of probation: supervised probation and unsupervised probation.

Supervised Probation

If you were placed on supervised probation, the court will assign a probation officer who will regularly monitor you to ensure you comply with the conditions of your probation.

If you were placed on supervised probation, you will need to ask a court representative for permission to travel out of state. You will also be required to submit to searches without a warrant for drugs or other contraband.

You will be responsible for fees associated with probation, and you might be required to pay for the cost of electronic monitoring or a SCRAM device. You might also be required to perform community service.

Unsupervised Probation

If you receive unsupervised probation, you will not be assigned a probation officer. Instead, the judge will expect you to pay any restitution and court fees and that you will not violate the conditions of your probation. Community service is often a requirement for unsupervised probation, especially after a conviction for a DWI.

Common Probation Violations

While the specific terms of your probation will vary, there are several common ways a person can violate their probation. The most common probation violations include

• Missing court hearings or appointments with your probation officer
• Failing to pay restitution or fees associated with your probation
• Failing to complete court-ordered community service
• Failing to stay employed during your probation
• Visiting people or places the judge has ordered you to avoid
• Committing another crime while on probation

Your probation officer will contact you if they believe you violated the terms of your probation.

Technical Violations vs. Substantive Violations

There are many ways to violate your probation, but only two instances in which the judge can activate your suspended sentence for a probation violation. These are called revocable offenses, and they occur if you are (1) convicted of another crime or (2) absconding. 000

Additional Criminal Conviction

A condition of being placed on probation is that you will not violate the law. Simply being charged with a crime is not enough to trigger a probation violation. But if you are convicted of another crime, the judge can send you to jail for a probation violation in addition to any punishments imposed for the newest conviction.

Absconding

Absconding means that you have disappeared and made it almost impossible for your probation officer to locate you. For example, if you change your address and phone number and do not appear at scheduled meetings with your probation officer, you could be violated as absconding and the judge will likely revoke your probation violation. Fortunately, there are many grey areas about what is and is not absconding. If your probation officer thinks you have absconded, attorney Ryan Stowe can help.

What Should I Do After a Probation Violation?

If you were arrested for violating probation, you should contact the Stowe Law Firm as quickly as possible. NC criminal defense attorney Ryan Stowe will ask questions to learn about your specific situation, and he will represent you in court to determine whether you actually violated the terms of your probation.

When you work with Attorney Stowe after an alleged probation violation, he will protect your rights and build a defense against the charges. There may be witnesses who can confirm where you were or other evidence that shows you did not willfully violate your probation.

Attorney Stowe will also advise you on what you should and should not say to your probation offer so that you do not unknowingly say something that could be used against you.

Contact The Stowe Law Firm, PLLC, for Aggressive Criminal Defense

North Carolina attorney Ryan Stowe takes an aggressive approach to criminal defense. He is dedicated to providing the highest levels of professionalism to protect your rights and your freedom. He proudly represents people in Cabarrus, Davidson, Rowan, Davie, and Stanly counties.

To learn more, contact the Stowe Law Firm today to schedule a confidential consultation to discuss your situation and how we can help.