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WILMINGTON, NC PROBATION VIOLATION LAWYER
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
910-262-7401, send a text, or reach out online.
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.
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:
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.
When individuals are accused of violating their probation, aside from new criminal charges or evading law enforcement, they are considered technical probation violations. This distinction can significantly influence the consequences. No matter the allegation, you should always work with an experienced probation violation defense attorney. There may be ways to have the violation dismissed or to avoid a harsh penalty, such as “Confinement in Response to Violation” (CRV).
At Goolsby Law Firm, we have represented probationers and parolees accused of:
If your probation officer believes that you violated one or more terms of your probation, you face:
A probation or police officer can arrest you immediately if they have probable cause of the violation or an officer may obtain a probation violation warrant for your arrest.
The law does not require that you be arrested for a violation. Instead, you may be given notice of the alleged violation and hearing. Whether or not you are arrested, you must attend a probation violation hearing. For unsupervised probation, you cannot be arrested unless you fail to appear at the hearing.
If you are arrested, call a probation violation lawyer right away. Attorney Thom Goolsby will immediately review and analyze your case and discuss the best next steps.
There must be a preliminary violation hearing within seven business days of an arrest, unless you waive this hearing.
During this hearing, the judge will determine whether there is probable cause that you violated a condition of probation. If the judge finds there is not probable cause, then you will be released and allowed to continue your probation. If a judge finds there is probable cause, there will be a final violations hearing.
You should have a lawyer at this hearing. You do not have to accept being jailed until a determination is made. There are ways to mitigate the consequences or demonstrate that probable cause does not exist.
At this hearing, your probation officer needs to provide evidence that you violated the terms of your probation, although they do not have to meet the reasonable doubt standard. Your correctional officer only needs enough evidence to reasonably satisfy the Court that the violation happened.
Another way a probation violation hearing differs from a trial is that the rules of evidence do not apply. This difference makes the burden of proof much lower. It is very important to have an experienced probation violation defense lawyer who knows the process and how to effectively defend against unwarranted probation violations.
At your hearing, your probation officer will make a recommendation for the penalty you should face. You do not have to accept the recommendation. There are many potential outcomes and your attorney should fight for minimal consequences.
Let Attorney Thom Goolsby analyze what happened and discuss what the probation officer can and cannot prove. Attorney Goolsby will also talk with you about why the violation occurred. With more than 25 years of experience, he understands that many people have good reasons for why a violation happened. The purpose of pursuing a hearing is to ensure you get to present evidence and have a chance to tell your story.
Don’t just accept your fate when it comes to a probation violation. To learn more about fighting against unjustified allegations, call Thom Goolsby at 910-262-7401, or request a free consultation online.
Like any quality criminal defense attorney, Thom Goolsby may be in court when you first call, but leave a voice mail or send a text. We’ll get with you as soon as possible, so we can go over what happened, evaluate the case, and explain what comes next.
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