Being sentenced to probation is often both a relief and incredibly stressful. You are out of jail, but you may still feel like you’re imprisoned.
When you’re on probation, you walk a fine line and may constantly live with the fear that you will end up in prison for violating your probation. But even if you are charged with a violation, there are ways to avoid jail time and prove your innocence.
Below, we’re going to explore the different ways you can defend against your probation violation:
Inconsistencies or Mishandling By the Court.
Sometimes, the court may not have jurisdiction to charge you for violating your probation. The court may not have even given you a proper probation sentence to begin with, which is an argument your attorney can definitely bring up in court.
Ask yourself the following questions with your lawyer:
- How was your arrest handled?
- Were you properly notified of the conditions of your probation, and how you violated said condition?
- Is the period of your probation lawful? Has it ever been unlawfully extended?
- Did your probation period end before you were charged with violating your probation?
Lack of Knowledge.
Your violation may have just been an honest mistake. If you were not given written notice of each condition of your probation, you can argue to the court that you were unaware that you were breaking the law and violating your probation. If the condition that you violated is out of the ordinary, you and your attorney may be able to argue that the condition is unrelated to your rehabilitation and crime. This may deem the condition unlawful, and your actions will be justified.
Say you were falsely accused of being at a certain event or being in a specific place that your probation restricts you from going. If you can provide a proper alibi that proves you were not violating your probation, you can be found innocent and the charges against you will be dropped.
To make sure you can prove your alibi, you will need to collect evidence of your whereabouts throughout your probation. From the moment you are placed on probation, keep a journal and a copy of your receipts. These, along with witness testimony or security footage, will help prove that you stayed within the restrictions of your probation.
Even if you are convicted of violating your probation, you do not have to face jail time. There are alternative consequences to prison, including:
- House arrest
- 90-day confinement
- Substance abuse or anger management treatment
- Extended probation
If you express the sincere desire to seek appropriate forms of rehabilitation, you may not have to face punishment.
How to Prevent a Probation Violation
If you have been sentenced to probation, it is important to go over the rules and restrictions of your probation with your attorney or your probation officer. Knowing exactly what you can and cannot do during your probation is the best way to prevent going back to court for a probation violation.
It’s not easy to defend against a probation violation, especially if you face charges in and around Greensboro. The area is notorious for being very strict and unforgiving for people who have violated their parole. If you have been charged with violating your probation or have been sentenced to probation, the best thing you can do is to recruit the help of a knowledgeable North Carolina defense attorney today.
About the Author:
Attorney Mike Schlosser represents victims of personal injury, those charged with a crime, as well as those facing traffic charges. A former Guilford County, North Carolina District Attorney, Schlosser has been in private practice at the Law Firm of Schlosser & Pritchett since 1983 and has been a member of the North Carolina State Bar since 1973.