Probation violations in North Carolina – Criminal cases come with a wide variety of consequences if the defendant is found guilty. With regard to state crimes, the North Carolina misdemeanor sentencing guidelines and North Carolina felony sentencing guidelines determine what the punishment for a conviction will be. In a previous blog, we talked about probation as a consequence. Many times, once the period of probation is over, the case is closed and the person can just go on with their regular life. Sometimes; however, someone on probation breaks an established rule that ends up constituting a probation violation.
In this blog, we will talk about probation violations, the consequences of probation violations, and how the process works. This, like all our other blogs, is intended for informational purposes only and would not be a good substitute for the advice and counsel of a criminal defense lawyer.
When someone is placed on probation, there are rules that must be adhered to. These rules include but are not limited to the following:
- Submitting to and passing random drug tests
- Not being convicted of other crimes
- Enrolling and completing anger management classes
- Enrolling and completing drug or alcohol programs
- Not associating with “known criminals”
- Staying away from certain places
- Staying away from the victim
- Paying court fines and supervision fees
- Maintaining employment
Failure to adhere to one or more of these rules can be potentially ruled a probation violation. If a probation violation is alleged by a probation officer or other government official, a hearing will be set in criminal court to litigate the issue.
** In North Carolina, rules regarding probation violations and the subsequent hearings are governed by North Carolina general statute 15A-1345.
Consequences of a probation violation
Just like any other criminal matter, with alleged probation violations, you are presumed innocent until proven guilty. If the court finds that there was in fact a probation violation, any of the following can occur:
- Your probation may be revoked, and you may be ordered to serve the suspended sentence that you received as part of your probation
- You may be extended on probation for a longer term
- You may be ordered to pay some fines and your probation may still be terminated
- You may be ordered to spend a short amount of time in jail
- A judge may order additional terms of probation
Other consequences of probation violation
Commission of another crime while on probation is a very common probation violation. Please note that in addition, committing a crime while on probation is an aggravating factor for sentencing purpose in your new case.
Probation violations in federal court
All the above-mentioned information refers to North Carolina state crime, and North Carolina probation violations. For similar information about how probation violations work in Federal Court, please read our blog on Federal Supervised Release Violations.
If you have been charged with a probation violation or any other crime, contact us. At Gilles Law we handle North Carolina criminal charges, South Carolina criminal charges, and Federal criminal charges.