When someone is convicted of a crime, receiving probation, instead of being sent directly to jail, maybe the best possible outcome. While probation allows you to serve your sentence with little-to-no jail time, it comes with its own challenges. When you are on probation, whether it is supervised or unsupervised, you must follow a strict set of conditions. If you violate any of these requirements, you could be rearrested. In the worst-case scenario, your probation can be revoked and you can be ordered to serve your entire active sentence.
To defend against any alleged violation, you should contact a probation violation defense lawyer at Goolsby Law Firm. We know these accusations are more complicated than they appear. Many people have minor, accidental violations or are confused about their requirements. A violation does not automatically mean you will be incarcerated, and with an experienced criminal defense attorney, you can and should fight back.
For a free consultation with Attorney Thom Goolsby, call (910) 763–3339, send a text, or reach out online.
Probation Vs. Parole in North Carolina
Probation is an alternative to incarceration. You may be granted probation at sentencing, in addition to or in place of active jail time.
Parole is not the same as probation. Parole is an early release from custody for reasons like good behavior. Parole can also be based on resentencing issues. Parole is granted based on recommendations by the Parole and Post-Release Supervision Commission.
Both probation and parole require compliance with several conditions. If you violate one or more of these requirements, the Court is notified. There can be severe consequences. A probation or parole violation can lead to arrest, detention before your violation hearing, an active jail sentence or even new criminal charges.
Supervised vs. Unsupervised Probation
Unsupervised probation is typically for non-violent misdemeanors with no or minimum criminal record(s). The main benefit with unsupervised probation, besides not going to jail, is you do not have to check-in with a probation officer. In rare cases, you may receive unsupervised probation for a low-level felony, if you have an otherwise clean criminal record. Unsupervised probation may still come with conditions: drug/alcohol assessments, treatment, community service, payment of restitution, etc. The most important condition is to NOT to be charged with a new crime.
Supervised probation is a much stricter process. Offenders are assigned a probation officer, with whom you will need to meet on a regular basis. You will also be required to pay supervised probation fees.
Depending on the factors involved, you need to adhere to various restrictions as part of your probation. These are fairly consistent among probationers and include, but are not limited to:
- No new charges filed against you
- Maintain employment or enroll in school
- Obtain a GED or high school diploma
- Not traveling out of state without permission
- Submit to periodic searches
- Paying restitution
- Performing community service
- Complete substance abuse treatment
- Refrain from drug and/or alcohol use
- Regular drug/alcohol testing
- Complete an anger management program
- Paying child support
- Not absconding
- Adhering to a curfew
If you are sentenced to community or intermediate probation, then there are also additional terms that can be applied, including community service, electronically monitored house arrest, and substance abuse treatment and monitoring.
If you are accused of violating a regular or special probation condition, call a probation violation defense lawyer as soon as possible. This can be a scary time, but there are ways to defend yourself.