Wilmington Probation Violation Lawyer

Wilmington, NC Probation Violation Attorney

Probation is an alternative to spending time in jail that allows you to continue working, spending time with family, and more. There are, however, specific conditions that you must follow. Breaking those conditions could land you in big trouble. If you have been accused of committing a probation violation, hiring a Wilmington probation violation lawyer may be exactly what your case needs to succeed.

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The Difference Between Probation and Parole in North Carolina

While they may be used interchangeably, probation and parole are not the same thing. Probation is an alternative to jail time, while parole only applies in the period after you have served prison time. Still, both are taken seriously in North Carolina. If you have been accused of committing a probation violation, hiring a Wilmington probation violation lawyer at The Shotwell Law Group PLLC can help.

There are roughly 280,000 people in prison because they were convicted of violating various probationary requirements. This means that approximately one out of every five people is serving time for failing to submit to the mandated aspects of their probation agreement.

Supervised vs. Unsupervised Probation

There are two main types of probation approaches: supervised and unsupervised probation. Supervised probation is the stricter of the two and is connected to being convicted of more serious crimes or exhibiting unreliable behaviors. This will require you to meet with your probation officer regularly, and you may also be charged supervised probation fees. A criminal defense lawyer can help you understand the conditions of your probation and protect your rights throughout the process.

Unsupervised probation is typically an option for those convicted of non-violent misdemeanors with no prior criminal record or those with a minimal criminal record. In addition to avoiding jail time, unsupervised probationers will not need to attend regular check-ins with their probation officer. While it is rare, there is the possibility of receiving unsupervised probation for low-level felony convictions. Having a clean record aside from the one felony conviction can increase the likelihood of getting this reward.

Both supervised and unsupervised probation periods usually come with additional requirements that you will want to be aware of.

Probation Conditions

While it will depend on the unique factors of your probation, you will most likely need to adhere to various restrictions to fulfill your probationary requirements. These requirements often overlap, including, but not limited to, the following examples:

• Maintaining employment or enrolling in school
• Keeping up with your child support payments
• Completing substance abuse treatment
• Not traveling out of state without permission
• Submitting to periodic searches of your person and/or living space
• Avoid having any new charges filed against you
• Paying any required restitution
• Performing community service
• Refraining from using drugs and/or consuming alcohol
• Undergoing consistent drug/alcohol testing
• Completing an anger management program
• Adhering to a curfew
• Obtaining a GED or high school diploma
• Not absconding

Community and intermediate probation requirements may also include additional terms, such as community service, substance abuse treatment, electronically monitored house arrest, and monitoring for substance abuse.

Probation Violations in Wilmington

Probation periods are not only strict when it comes to requirements but also in the enforcement of said requirements. Violations of the following stipulations can land you in additional trouble:

• Missing a court hearing. A common part of the probation process is attending necessary court hearings. If you miss these court-ordered appearances, this can be considered a probation violation, leading to fines, warnings, and even criminal charges.
• Missing an appointment with a probation officer. While it may feel inconvenient to have to regularly check in with your probation officer, it is often far more so to face the repercussions of missing your appointed meeting. This also includes refusing to partake in any necessary alcohol and/or drug screenings.
• Visiting certain places or people. When someone attends rehab, one of the steps they teach you is to avoid any potential triggers that could lead to relapse. This is like probation periods. Even though it may be tempting to connect with old friends, it is legally required that you avoid interacting purposefully with any known criminals or locations that have previously been or currently are hotbeds for criminal activities.
• Failing to pay fines or restitution. While it is not the case for all criminal convictions, some probationary cases may require you to pay legal fines, supervised probationary fees, and/or restitution. You will also still need to pay any previously agreed-upon child support. Failure to do so may result in additional consequences.
• Not being employed. Employment is a key part of the many varieties of the probationary process. You may need to obtain a job or enroll in school as a term of your probation. Failing to do so will be seen as a violation.
• Committing another crime. Regardless of the type of probation you are undergoing, it is a violation for you to commit any additional crime, no matter how small it may seem. This could include being found with a small number of illegal substances or being caught speeding.
• Not completing community service. If you are sentenced to community service, you are not allowed to miss it. This will count as a probation violation.

Hire a Probation Violation Lawyer

There are many reasons to hire a probation violation lawyer. Not only will your lawyer be able to help you build and present your case, but they can also answer the various questions you may have about your case. They will also be able to sort out scheduling with your local branch of the North Carolina criminal court system. The New Hanover County Courthouse is one potential location, as it handles criminal cases in Wilmington.

FAQs About Wilmington, NC Probation Violation Laws

How Much Does It Cost to Hire a Probation Violation Lawyer in North Carolina?

The cost of hiring a probation violation lawyer in North Carolina is dependent on the circumstances of the case. There is no one-size-fits-all price for hiring a probation violations lawyer. This is because each case is unique and, therefore, comes with its own unique set of variables. The amount of time your case requires, who you hire to represent you, and the level of complexity your case presents are all examples of factors that may influence your final cost.

Is Hiring a Probation Violation Lawyer Worthwhile in North Carolina?

While some individuals have gone the route of not enlisting the help of a probation violation lawyer, most individuals have found that hiring a probation violation lawyer can be incredibly helpful. Your lawyer can help provide clarity and guide you through strategically developing your defense, as well as putting your interests first in their representation of you.

What Is the Difference Between Probation and Parole in North Carolina?

Probation and parole in North Carolina are both periods where your activity is monitored and restricted by the legal system, but they are still quite different. Parole applies to the time frame after you have recently been released from prison, while probation is often the time when, instead of going to prison, you are monitored and given certain requirements to meet.

How Long Will My Probation Violation Case Take to Resolve in North Carolina?

Each probation violation case is unique, and the amount of time each one needs tends to reflect this fact. Your court schedule, the availability at your local courthouse, and the number of hearings you may need can all influence your overall timeline, as well as any potential setbacks caused by missteps.

Wilmington Probation Violation Lawyer

With more than 30 combined years working in the world of criminal defense law, The Shotwell Law Group PLLC is ready to aggressively tackle your case, working hard to empower you in your pursuit of a positive verdict. Contact us today to schedule a consultation.