What to Expect If You Violate Probation in North Carolina
Web Admin • July 30, 2018
Probation is a better outcome than an outright prison sentence. However, any slight infraction could potentially complicate your case. The consequences of violating probation in North Carolina will largely depend on the nature of the violation and other contextual circumstances. If you or your loved one has violated probation, read on to find out what to expect.
Conditions of Probation
According to North Carolina statutes, a court may impose a host of conditions upon issuing a probation sentence. The nature of the conditions will vary depending on the seriousness of the crime that warranted probation in the first place.
For example, the court may require you to:
- Perform community service
- Abstain from alcohol consumption
- Submit to regular substance abuse tests
- Abstain from criminal offenses
- Report to the probation officer as required
- Abstain from absconding
- Avoid possession of firearms or explosives
- Satisfy family obligations including paying for child support
Nonadherence to one or more of these conditions may result in violation of probation.
Consequences of Probation Violation
At a probation hearing, a judge will determine whether you violated any of the conditions of probation.
In accordance with the Justice Reinvestment Act enacted December 1, 2011, if you violated probation conditions you may face one or more of several consequences including a split sentence, short-term confinement, confinement in response to violation, and/or revocation.
Split Sentence
In a split sentence, also known as special probation, the judge may order a period of imprisonment not longer than a quarter of the maximum penalty allowable by law for the initial crime committed. The period of imprisonment may be continuous or noncontinuous.
Short-Term Confinement
If you are on probation for a structured sentencing offense – i.e., any criminal offense other than driving while intoxicated – the court may order a short jail sentence of between 2 to 3 days. A probationer may not serve more than six days of short-term confinement per month.
If your initial sentence was for a misdemeanor, the judge may activate your prison sentence in the event that you violate the terms of your probation more than once. This applies to defendants placed on probation on or after December 1, 2015.
Confinement in Response to Violation (CRV)
A court-ordered confinement in response to violation entails a longer confinement period in response to a technical violation of probation conditions. A technical violation is any form of probation violation other than a new criminal offense or absconding.
CRV largely resembles a split sentence where you serve time in prison in response to violation of probation terms. The courts may only utilize CRV for probation violations committed after December 1, 2011.
Revocation
Before the Justice Reinvestment Act, any infraction of probation terms could result in the court revoking the probation sentence and activating your suspended sentence.
However, following the Act, a court may only activate a probationer’s suspended sentence if you commit a new criminal offense or abscond from your probation obligations.
The court may also revoke your probation sentence if you receive more than two CRVs or if you are placed in short-term confinement at least two times.
The court may not activate a suspended prison sentence when a probationer commits a Class 3 misdemeanor, the least serious type of misdemeanors.
While justice reforms in North Carolina attempt to reduce the need to incarcerate probation violators, blatant and continuous violation of probation could land you in jail. If you have violated your probation more than once, you should speak to a skilled criminal defense attorney.
At Carl L. Britt, Jr., we have over 30 years’ experience in criminal defense. Call us today if you are dealing with a probation violation. We can help you achieve the best outcome for you and your loved ones.
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If you've recently been charged with a DWI, then you might feel as if life as you know it is over. Of course, you should take your DWI seriously. However, you can get through this tough time. Learn a few tips that can help you deal with your first DWI. 1. Hire an Attorney as Soon as Possible One thing that you should not hesitate to do is seek legal representation for your case. The sooner that you can hire an attorney who has experience in handing DWIs, the better. Your lawyer can sit down with you and discuss the details of your case, start working on a defense strategy, and give you advice to help you handle your case.
Tickets are a nuisance for most people, but when they appear out of nowhere for something you didn't do, they are beyond alarming. You can get a ticket, such as a parking or speeding ticket, through no fault of your own because of someone else's involvement. Trying to solve this problem can take a long time, but it is possible no matter the cause. You need good legal representation to help navigate the maze that a strange ticket can generate. Were You Ticketed for Something You Didn't Do? You can wind up with unknown tickets for a number of reasons. One possibility is that your friend or family member took your car, got a ticket, and didn't tell you about it. The next thing you know, you're getting reminders from the DMV and collection agencies about the unpaid ticket. Another possible reason is ID theft. If someone gets your driver's license number and forges a copy with his or her picture and then gets a ticket, guess whose record winds up with the ticket? And a third possible reason is a mistake. Sometimes these can be magnificently bad, as was the case with a Maryland woman who kept receiving tickets for license plates that didn't even exist. It turned out to be a combination of sloppy ticket writing and a computer glitch, but it did eventually get solved. Have You Started Getting Notices? If you're sure that you didn't get the ticket yourself and that you didn't forget, first ensure all of the information is correct. If you find that the license plate and car description don't match up, for example, you can contact the DMV and notify them of the error. That could get the ticket voided. If it turns out that ID theft is involved, North Carolina has a department for license theft , and the DMV can help you mark your record as compromised. You'll also need to call the police and file a report. If the information appears correct, try to think back to who might have had your car then, too. If it turns out the ticket date and time match a time when your sibling had the car, for example, talk to your sibling and try to get it resolved. Whatever the situation, do not delay. Your swift response makes your case look better, while ignoring the ticket makes it look like you're merely trying to avoid paying. Are You Facing Severe Consequences? If the situation has escalated to the point where you're being threatened with arrest or collections, you need a lawyer. You never want to try to handle warrants and faulty collections on your own; chances are you won't be as successful as a lawyer would be. While a police report, for example, often convinces agencies to halt action in less severe cases, it may not be enough in serious situations (e.g., multiple warrants) to clear your record by itself. Plus, the extent of the problem could be larger than you realize. If you can get a lawyer to work with you, you'll find it easier to stall collections and suspend warrants as you try to untangle what happened. Plus, if ID theft is involved, a lawyer can help you search out other possible violations and straighten those out. At the very least, the lawyer can point you in the right direction. The office of Carl L. Britt,Jr., Attorney at Law has lawyers who know traffic laws and know how easily ticket record-keeping can go astray. You would not be the first person to have to deal with a strange ticket. Don't ignore it — fight it, and get your clean record back.
No one wants to see blue lights flashing in their rearview mirror, especially when you are issued a summons for one or more traffic violations. Depending on the charge, you may be tempted to handle it yourself, but you may be much better off hiring a traffic defense attorney. While the cost of the ticket will be shown on your citation, traffic charges involve numerous other costs and risks. Here are a few reasons your defense attorney will be well worth the cost. 1. Reduces or Eliminates Driver’s License Points North Carolina has two separate point systems that you are subjected to when you receive a traffic citation. The first of these, which are Department of Motor Vehicle (DMV) points, accumulate on your driver’s license and affect your ability to continue to drive. The number of potential DMV points that you could receive varies based on your citation. For example, if you are charged with littering from your vehicle, you may only be assessed one point, but if you are charged with passing a stopped school bus, you may receive five DMV points. DMV points remain on your driving record for three years and an accumulation of 12 points during a three year period can result in your licenses being suspended. In addition to an accumulation of points, more serious violations such as DWI, hit and run, or speeding to elude arrest could result in the automatic suspension of your license. 2. Reduces or Eliminates Insurance Points The second type of points you will receive if you are convicted of a traffic violation in the state of NC are insurance points. These too are awarded based on the type of citation you are issued and can range from one to twelve points. Whereas DMV points affect your ability to drive, insurance points impact how much you will have to pay for your insurance coverage. Insurance points indicate to the insurance company that you pose an increased risk. The amount of increase you will see varies from company to company but could be substantial even with a few points. If your citation is for a serious traffic offense, you may even be dropped by your insurance company. Although you may not see an immediate increase if your offense occurred in the middle of your policy period, the increase is coming. Once the points are awarded, you can continue to see an increase in your insurance rates for three or more years following your citation. Your traffic defense attorney will know how to handle your citation in a manner that could result in the reduction of elimination of any DMV points or insurance points. Your attorney may be able to get your ticket dismissed or reduced to a lesser charge. 3. Saves You Missed Time From Work You could choose to pay your citation, fines, and court fees before your court date. Unfortunately, doing so is the equivalent of pleading guilty to the charge. If you choose to challenge your ticket or plead to a lesser charge, you will have to appear in court one or more times. Although you will know your court dates in advance, you can’t predict how long you will be there. Your defense attorney will be able to attend these hearings for you. They will report back to you once your case is resolved. This will save you from having to take time off from work. Carl L Britt, Jr Attorney at Law can help you resolve any traffic violation issues you may have. With years of experience in the courtroom, we have the knowledge, skills, and abilities to achieve the best outcome for your specific offense. Give us a call today so that we can help you.
