Charlotte Criminal Lawyer Blog
Understanding Probation in North Carolina
If you have been convicted of a crime, you will be sentenced to punishment. In many cases, probation is a part of sentencing, either instead of a sentence or in conjunction with other punishments. It is helpful to learn more about probation and how it could impact your life. Probation may last for months or years, and if you violate the terms of probation, you will be subject to negative consequences. There are many variations of probation that could be part of your sentence.
What is Probation?
Probation is a “court ordered supervision in the community in lieu of incarceration.” It is an alternative to a jail sentence. Probation may be supervised or unsupervised. Generally, unsupervised probation is used for minor crimes such as misdemeanors and for individuals with no prior criminal history. A judge will impose requirements of probation, called conditions, in order to successfully complete the sentence.
What are the Conditions of Probation?
There are many conditions of probation that could be imposed by a judge. A judge will determine the conditions that will apply to you based on the specific details of your case. Some of the common conditions include:
- Not violating the law during the probationary period
- Attending scheduled court hearings
- Meeting with probation officer
- Staying away from particular individuals
- Paying associated fines or fees
- Not taking drugs or consuming alcohol
- Not possessing a firearm
- Submitting to regular drug or alcohol tests
- Staying enrolled in school
- Maintaining employment
You may need to check with your probation officer to get permission to travel out of the area. In some cases, a person could be ordered to house arrest, or may be required to wear an electronic monitoring device.
Violation of Probation
There are consequences for violating probation. There are a variety of things that could happen if you are found to violate your probation sentence. The consequences will typically depend on the severity of the violation. When you are under supervised probation, your probation officer could play a role in determining what happens. A probation violation hearing may be held to determine the punishment.
You could be found in contempt of court and may be ordered to spend time in jail. In some situations, you may simply be given a warning. Sometimes, the length of the probation term may be extended, or the judge may impose additional conditions to remain on probation. In some cases, your probation could be revoked, and the original sentence could be re-established.
Understand Your Probation Conditions
Not all cases are the same, so it is essential that you understand the specific conditions of your probation. Failure to understand conditions is not a defense to violation of probation. For example, you need to check in with your probation officer when you are scheduled. If you fail to contact them, you are in violation. Disobeying even minor laws, including traffic laws, could be considered a violation of your probation. Your attorney will help seek the best possible terms of probation and will ensure that you understand the terms of probation.
When you are facing criminal charges, you will want to seek guidance from an experienced criminal defense attorney. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our skilled legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.dac.nc.gov/divisions-and-sections/community-supervision
https://www.ncleg.gov/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-101.1.html
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