Supervised probation is often granted as an alternative to serving a sentence in jail or prison. It allows you to remain in the community, but supervised probation also comes with strict conditions. If you are accused of violating probation in North Carolina, you can face serious consequences, including possible activation of your suspended sentence. Having an experienced criminal defense attorney can be critical to protecting your freedom and mitigating the consequences from an alleged violation.

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What is a Probation Violation?

A probation violation occurs when a person fails to follow one or more of the conditions ordered by the court. Conditions vary by case, but often include:

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• Reporting regularly to a probation officer

• Paying court costs, fines, supervision fees, or restitution

• Completing community service hours

• Attending required classes, counseling, or treatment programs

• Avoiding new criminal offenses

• Staying within certain geographic boundaries or not leaving the state without permission

• Submitting to drug or alcohol testing as directed

 

A violation can be alleged even if you did not intend to violate the conditions of your probation.

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Common Types of Probation Violations

Some of the most frequent probation violations in North Carolina include:
 

• Failing to pay money owed for court costs, fines, supervision fees, or restitution

• Missing scheduled appointments with your probation officer

• Failing drug tests

• Not completing required treatment, counseling, or community service

• Changing address or employment without notifying your probation officer

• Being charged with a new criminal offense while on probation

• Leaving the county or state without permission

Monetary violations are especially common. Many people simply fall behind on payments because of job loss, medical bills, or other financial difficulties.

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Possible Consequences of a Probation Violation

If the judge finds that a violation occurred, the court has several options. Outcomes may include:

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• Taking no action and continuing probation as originally ordered

• Modifying conditions, such as adding community service, or substance abuse treatment 

• Extending the term of probation

• Ordering a short period of time in jail, while leaving you on probation afterward

• Ordering jail time, with probation ending once you are released from jail

• Revoking probation and activating your suspended sentence

 

The most serious consequence is revocation, and results in you having to serve time for the full sentence you originally received. For example, if you received a 120 day sentence that was suspended for one year of supervised probation, a revocation can result in serving all 120 days in jail.

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In some situations, the judge can also use criminal contempt, which can mean a separate short jail term in response to noncompliance. 

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Why Legal Representation Matters in Probation Cases

An experienced probation violation attorney can:

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• Review the alleged violations and explain the possible outcomes

• Negotiate with the prosecutor and probation officer for an agreed recommendation that avoids revocation and minimizes potential jail time

 

What To Do If You Are Accused of Violating Probation

If a violation has been filed or you are arrested on a probation violation:

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1. Gather documentation related to your conditions of probation including proof of enrollment or completion of treatment programs and/or community service

2. Continue to comply with all remaining conditions of probation to the best of your ability

3. Continue to go to probation appointments

4. Contact a criminal defense lawyer as soon as possible