Probation Violation Attorneys in Raleigh, North Carolina

Probation violations can have serious consequences. In most situations, a probation violation leads to incarceration. While there may be specific circumstances for the violation, people on probation must strive to avoid a violation at all costs.     

At Life Law, our team is reliable and has the practice and knowledge to fight for your rights. You do not have to face these challenges alone. We proudly serve clients in Raleigh, Nags Head, Charlotte, Asheville, and Wilmington, North Carolina.   

Common Probation Violations  

There are various ways in which probation can be violated in North Carolina:    

• Failure to report. People on probation must report to a probation officer regularly. The court determines the frequency of these reports. Generally speaking, people on probation must report weekly. Many times, a phone call is enough to report. Other times, an in-person meeting is required to ensure the person has not violated probation terms. Failure to report without justified cause can lead the officer to request the probationer’s arrest.  

• Failure to pay fines. In addition to probation, the court may order fines. Not paying a court-ordered fine is considered a probation violation. As a result, this situation can lead to arrest.  

• Failure to appear in court. Probationers may have scheduled court dates. Failure to appear in court without justified cause can lead to an immediate arrest warrant. Probationers must notify the court of any absence to scheduled court dates specifying the cause(s) for their absence.  

• Traveling beyond limits. Probationers may be restricted from traveling outside their county of residence. Traveling beyond these limits without notifying their probation officer or seeking court approval may result in serious legal consequences such as arrest or fines.  

• Arrest for an unrelated crime. Individuals on probation must be extremely careful not to be arrested for an unrelated crime. If this occurs, the individual will face charges for the crime plus probation violation charges.  

• Drug or weapons possession charges. Drug and weapons possession charges are an especially complicated situation. Most states prohibit convicted individuals from possessing a firearm. Similarly, some states have very strict drug possession laws. While these charges may not be serious on their own, they may constitute a probation violation leading to serious legal consequences.  

 It is highly recommended that probationers have a trusted criminal defense attorney they can call to report an absence to report or when failing to report to a probation officer. An attorney can clear up specific details about the situation, avoiding further legal consequences. 

Types of Probation Violations 

In North Carolina, there are two main types of probation violations:  

• Technical violation. A technical violation occurs when a probationer fails to meet their probation terms for any reason unrelated to a crime. For instance, traveling outside the county or state may be considered a technical violation. There may be reasonable justifications for technical violations such as the death of loved ones, illness, injury, accidents, or extreme situations such as natural disasters.  

• Substantive violations. A substantive violation occurs when a probationer commits another crime unrelated to the original probation charges. In this situation, committing another crime is a probation violation regardless of the crime itself.  

Generally speaking, technical violations are not considered as serious as substantive ones. Therefore, the penalties imposed for technical violations may not necessarily involve jail time. However, substantive violations almost always involve serving time. 

Consequences of Probation Violations 

The consequences of probation violations involve:  

• Request to appear in court. When a probation officer reports a violation, the court may order the probationer to appear in court to explain the situation. Generally, probation officers request arrest for the violation.   

• Determination of violation. The court will hear the probationer’s explanation. The prosecution must demonstrate that the probation violation was willful. The court considers prior violations (if any) and mitigating circumstances that justify the violation.  

• Sentencing. In case of a violation, the court may order an extension of probation time, serve a short jail term, or serve out the remainder of the original sentence in prison.     

Probationers asked to appear in court must immediately consult a seasoned criminal defense attorney to determine their options.