Violations of Probation

by | Mar 20, 2020 | Blog Posts, NC Criminal Defense, SC Criminal Defense | 0 comments

It is easy to understand how being sent to jail or prison for a criminal conviction can be a tough and life changing consequence to deal with, however, many people don’t realize the seriousness of probation. Specifically, the violation of the conditions of probation and what consequences come along with that.

Probation can be a very restrictive process and there are many conditions to follow. Sometimes there are enough conditions that make it very easy to violate probation. In this blog, we will discuss some probation violations and the consequences of them.  Like all our blogs, this is intended for general information purposes only, and not as a substitute for the advice and counsel of a criminal defense attorney.

Examples of violations of probation

A violation of probation is simply the failure to adhere to, or to complete a certain condition of your probation. This will depend on the conditions that are set by a judge when the defendant receives probation as part of his or her sentence. Different defendants on probation will have different conditions they must follow.  Below are just a few examples of conditions of probation that are often violated:

  • Failing a drug test
  • Failure to pay required fees
  • Failure to report to your probation officer at some scheduled time
  • Conviction of a new crime

Consequences to probation violations

Not all probation violations are created equal. Some probation violations are considered a lot more severe than others. Failure to pay supervision fees for example will not be treated the same as absconding or being convicted of a new crime.

What punishment someone receives for a probation violation depends on some discretion by the judge, and what the specific violation is. A few examples of consequences of violations of probation are as follows:

  • Having the term of probation extended
  • Being ordered to serve a period of confinement
  • Having probation revoked and the suspended sentence being activated

Defending a probation violation

Typically, probation violations are alleged by the probation officer, who is required to file the specific allegations with the court.  After this occurs, a hearing will be scheduled to address bond, and then additionally, another hearing will be scheduled to address the merits of those allegations.

A person accused of a probation violation may have representation through both hearings.  The attorney can defend the allegations in a similar manner as he would any other criminal trial. Sometimes something can be worked out with the probation officer, similar how a plea bargain would be handled.

If you have been charged with a crime in North Carolina or South Carolina and are seeking legal representation, contact us.

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