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The potential consequences of a probation violation

| Jul 6, 2020 | criminal law

Courts in North Carolina could impose additional penalties on those who don’t adhere to the terms of their probation. The exact penalties a person may face depend on a variety of factors such as the nature of the violation and whether any violations have occurred in the past. In some cases, individuals may have their probation taken away, which means that they would likely have to serve the rest of their sentences in jail.

Even if a person’s probation isn’t revoked, a defendant may still be required to spend time in jail as punishment for his or her actions. In some cases, individuals may receive a warning for breaking the rules that were imposed upon them by the court. Those rules may include remaining within a certain geographic area or paying restitution to victims in a timely manner. A person who is on probation may be required to appear in court periodically or report to a probation officer on a regular basis.

If a person is called to court, that individual will be entitled to have an attorney represent his or her interests. It may also be possible to present evidence that attempts to exonerate that person or provide context as to why a violation occurred. If it is determined that a defendant violated his or her probation, sentencing will typically occur immediately after the hearing.

A probation violation may result in a person spending time in jail or paying a significant fine. A criminal defense attorney may be able to show that no such violation occurred. This might be done by using cellphone records or other evidence that contradicts the allegations of a probation officer. A legal representative may also be able to ask for leniency on behalf of a person who committed a minor offense.