When you’re convicted of a crime or plead guilty to one in the state of North Carolina, you may be placed on probation in place of serving time in jail or prison.
This is certainly a better option for most people than jail time, but probation can still be complicated to navigate. The rules surrounding probation must be followed because if you violate the terms as they’ve been laid out, you may altogether have your probation revoked.
Here are some of the most common probation violations and steps you can take to appeal a revocation of probation, so you don’t end up serving time in jail.
The Most Common North Carolina Probation Violations
There are several ways in which probation terms can be violated. Anyone on probation must understand what is considered a violation so they can avoid it. Some of the most common probation violations include:
- Missing court – You may be required by the judge to attend court hearings to review your progress periodically. If you do not attend these court hearings, then you are in violation of probation.
- Missing appointments with a probation officer – For those placed on supervised probation, you will need to meet regularly with your probation officer. Failure to do so is a violation of probation and the officer will report it to the court.
- Being unemployed – Quite often probation requires you to work or enroll in school. If you fail to meet these terms, then it is a probation violation.
- Failure to pay restitution or fines – A judge may require you to pay restitution to the victim of your crime or require you to pay fines. Failure to do so on a schedule set up by the judge can be charged as a new offense and put you in violation of probation.
- Committing a crime – If you’re on probation and commit another crime, that’s a violation of your probation. Even something as minor as a traffic violation could be considered a violation of probation.
- Failure to complete community service – Community service may be instituted as part of your sentence. If you don’t complete the set number of community service hours, then it’s a probation violation.
- Visiting certain people or places – It may be a special term of probation not to have contact with certain people or go to certain places that are associated with criminal activity. If you’re caught with the people or in locations from which you were barred, then it’s a probation violation.
Appealing a Probation Revocation in North Carolina
If you’ve violated probation and had it revoked, then there is an appeal process you can undertake. These appeals are classified into two different categories:
Administrative appeal
In this type of appeal, the administrator is asked to modify the judge’s decision. The administrator is served with a written appeal that includes written arguments and supporting materials. It must be filed within 10 days of the date the probation was revoked.
They then have 21 days to respond and decide whether to modify, reverse, remand, or sustain the judge’s decision.
Judicial Review
Probationers can also appeal the decision to the judge in a judicial review. Within 45 days of the written revocation decision, the probationer must file with the court to review the decision.
If you need guidance appealing your probation revocation, an experienced North Carolina probation attorney can often review your case and offer the best advice in your unique situation.
