Raleigh Probation Violation Lawyer

Possible Consequences of Probation Violation in Raleigh

North Carolina General Statute § 15A-1345(e) states that a court must "hold a hearing to determine whether to revoke or extend probation and must make findings to support the decision and a summary record of the proceedings" unless the alleged offender waives his or her right to such a hearing. It is critical for alleged offenders to discuss their cases with an experienced lawyer to determine whether it may be advantageous to waive such a hearing.

Under North Carolina General Statute § 15A-1344(a), probation may be reduced, terminated, continued, extended, modified, or revoked by any judge of same level as the sentencing judge, located in the district where either the probation was imposed, the alleged violation took place, or the alleged offender currently resides.

The possible outcomes of a hearing for violation of probation include:

Reinstatement - Probation continues under the same conditions, regardless of whether the court determines there has been a violation.

Modification - North Carolina General Statute § 15A-1344(d) allows the court to modify the conditions of probation after notice and hearing and for good cause shown.

Extension - Under that same statute section, the court also reserves the right to extend the period of Raleigh probation up to the maximum allowed under North Carolina General Statute § 15A-1342(a). This typically cannot exceed five years in most cases, although special conditions may allow the court to extend probation up to an additional three years.

Termination - The court discharges the alleged offender earlier than provided.

Transfer - The court authorizes the alleged offender to be transferred to unsupervised probation after all fines, fees, and court costs have been paid to the clerk.

Contempt - Under North Carolina General Statute § 15A-1344(e1), a court may hold an alleged offender who willfully violates a condition of probation in criminal contempt as provided in Article 1 of Chapter 5A of the General Statutes. These procedures in the General Statutes also require an alleged offender's guilt to be proven beyond a reasonable doubt.

Special Probation - If the court finds there was a violation, it can modify probation to add special probation, commonly referred to as a split sentence. Whether the court requires continuous or noncontinuous periods of imprisonment, the total amount of incarceration cannot exceed one-fourth the maximum sentence imposed or, in cases of impaired driving, one-fourth the maximum penalty allowed by law.

Confinement in Response to Violation (CRV) - A CRV is typically ordered in response to any violation other than a new criminal offense or abscond violation of North Carolina General Statute § 15A?1343(b)(3a). The CRV period is a flat 90 days for alleged felons, while the CRV period is a maximum of 90 days for alleged misdemeanants.

Revocation - If the alleged offender violated the criminal offense or abscond conditions of probation or committed any violation after having already received two CRV periods, then his or her suspended sentence can be activated and he or she will be ordered to jail or prison.

Wake County Defenses to Violation of Probation

As soon as an alleged offender has been notified of a supposed violation of his or her terms of probation, it will be in that person's best interest to immediately retain the services of a skilled attorney. Every case is unique, but there could be any number of defenses that might help an alleged offender achieve the most favorable outcome to his or her case.

Some of the possible defenses in these cases may include, but are not limited to:

• Alleged offender denied opportunity for court review of new conditions imposed by parole officer
• Alleged violation occurred after term of probation ended
• Alleged violation was not willful
• Conditions of probation were not legally valid
• Improperly maintained equipment or improperly administered drug tests produced false positive
• Transportation, family, or other personal issues prevented alleged offender from court-mandated meeting or program

Violation of Probation Resources in North Carolina

United States Probation Office, Eastern District of North Carolina - The Eastern District of North Carolina is comprised of 44 counties, and the federal probation office for this district is headquartered in Raleigh with five field offices in Fayetteville, Greenville, Jacksonville, Wilmington and New Bern. The website contains a monthly supervision report, an explanation of the presentence report, and information about procedures implementing sentencing guidelines.

310 New Bern Avenue

Room 610

Raleigh, NC 27601-1441

(919) 861-8660

North Carolina Department of Public Safety - Adult Correction - This website contains links to numerous Department of Public Safety (DPS) adult correction legacy resources, including public offender searches, an offender information portal, and Department of Correction (DOC) legislative reports. You can also find victim services, transitional resources, and rehabilitative programs and services.

Interstate Compact Offender Tracking System (ICOTS) Public Web Portal - ICOTS is the nationwide electronic information system of the Interstate Commission for Adult Offender Supervision (ICAOS), and every state uses it to track offenders who are authorized to travel or relocate across state lines. While access to the ICOTS application is limited to only individuals associated with ICAOS or state compact offices, some information contained in ICOTS is available to the general public via this Web site.

Find a Violation of Probation Lawyer in Raleigh

If you allegedly violated the terms of your probation in North Carolina, you will want to immediately seek knowledgeable legal counsel. Clifford Law Group understands the tremendous impact that these types of cases can have on the lives of alleged offenders, and we fight to protect the rights of every person who is accused of violating probation.

We represent clients throughout Orange County, Wake County, and Durham County. Call (919) 441-1799 right now to have our Wake County violation of probation attorneys review your case during a free consultation.