People serving probationary sentences are required to adhere to many conditions. These may include reporting to the probation officer, submitting to warrantless searches, remaining in a certain geographical area, not using or possessing drugs, alcohol, or firearms, and not engaging in criminal activity. While the object is to successfully complete all the terms of probation and avoid an active jail term, violation of any condition of probation can subject the probationer to additional sanctions ranging from the addition of new requirements, to the revocation of probation and activation of the sentence. Therefore, it is imperative that anyone facing a probation violation have effective counsel to help achieve the best outcome. The Law Office of Kelli Y. Allen, PLLC is the strong legal team you need to take on a probation violation accusation.
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Types of Probation Violations
The definition of what it means to violate your probation will depend on the specific terms of your probation order. Every probation order is different, so one type of probation violation may not universally apply to your case. For example, people who are under a supervised probation order need to regularly visit with their probation officer and submit to drug tests, while people who are under unsupervised probation orders do not. It is important to completely familiarize yourself with the specific terms of your probation order.
Some common types of probation violations include:
- Failing to meet with your probation officer, if required
- Missing a court date
- Not paying a required fine
- Failing to finish mandatory community service
- Failing to take a required course
- Possessing drugs, alcohol, guns, or other prohibited items
- Not having a job or not being in school
- Going to a prohibited location
- Committing a crime
Consequences of a Probation Violation
Although a probation officer has the authority to handle some probation violations, most violations are filed with the court and will require you to go before the judge.
If it is proven that you have, indeed, violated the terms of probation the judge has several options:
- Continue probation unchanged — The judge could find that the violation is minor and order that you continue probation under the same terms and conditions.
- Impose additional terms — The judge could add or increase community service hours, curfew, house arrest, or any number of other conditions and allow you to continue probation under the new, stricter terms.
- Impose a split sentence — You may be ordered to serve a portion of your previously suspended sentence in jail. This amount of the split sentence can be up to 25% of the original sentence. Thereafter, you would be given a chance to continue the probationary sentence to avoid serving the remainder of the time.
- Commitment in response to violation (CRV) — Requires the defendant to spend up to 90 days in jail as punishment for the probation violation. Afterwards, the defendant continues on probation.
- Revocation — This is the most severe consequence. Revocation activates the original sentence requiring the defendant to serve the full time in jail or prison.
Contact Us for a Case Evaluation
A probation violation can disrupt the progress you have made in your criminal case. To avoid the consequences of an alleged probation violation, contact the Law Office of Kelli Y. Allen, PLLC. The defense of our skilled legal team can help you recover following a violation charge and get your life back on track.
If you are interested in speaking with our Charlotte probation violation attorneys, schedule a case evaluation through our contact form or by calling (704) 870-0340.
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