Asheville Probation Violation Lawyer

Probation Violation Attorney in Asheville, NC

Probation is an option for many convicted offenders to avoid spending unnecessary time in jail when they could be with their families, employed, and working to recover from criminal proceedings. Unfortunately, mistakes happen, leading to probation violations that could send you right back to jail. An Asheville probation violation lawyer can explain how probation works, common probation violations, and penalties you could face if found in violation of probation.

Edwards Law, PLLC defends people charged with serious misdemeanors and felonies in both North Carolina and Federal court. Our team prides itself on being prepared and meeting our clients’ needs first. We understand that losing probation could mean more time away from family while the remainder of the sentence is spent in jail. With our team on your side, you can confidently navigate your probation and calmly respond to any questions about violations.

Understanding Probation in North Carolina

Probation allows a defendant to serve their sentence while remaining in the community. Probation can allow defendants to avoid serving time in jail or prison up front. Judges can require defendants to comply with specific requirements when they are on probation. Courts in North Carolina often place defendants on probation and require the following: 

• Attend regular meetings with your probation officer
• Secure steady work
• Engage in necessary treatment
• Avoid any illegal behavior
• Settle court fees and restitution
• Adhere to any other court-ordered stipulations

When a defendant fails to follow one of the court’s requirements, they can be accused of violating probation.

Probation violations are usually prosecuted in Asheville through the Buncombe County Courthouse, 60 Court Plaza, Asheville, NC 28801. Defendants who are accused of violating probation may have to appear in court and answer to the judge. Judges typically allow defendants to explain their side of the story and determine if they believe a violation occurred.

By the end of 2024, there were about 76,256 people in North Carolina under probation, parole, or post-release supervision, according to the North Carolina Department of Adult Correction. Additionally, 47,771 referrals to community supervision were reported in 2024.

Types of Probation Violations

Probation violations do not always stem from new criminal charges. Judges typically divide probation violations into two categories. Judges may find a technical violation of probation when a person violates any term of supervision that does not constitute a new crime. Some examples of technical violations include: 

• Skipping meetings with a probation officer
• Failing to pay court-ordered financial obligations
• Failing to complete community service hours
• Failing a drug or alcohol test
• Traveling out of State without permission
• Skipping counseling appointments

Judges may find substantive violations of probation when the probationer is accused of committing a new crime. Judges often take these violations more seriously because the offender was reportedly breaking the law while on probation. Even if the violation is as minor as missing a meeting with a probation officer, the court can order a hearing on the violation and put your probation in jeopardy.

Probation Laws in North Carolina

There are many laws in North Carolina that relate to probation supervision and probation violation hearings. North Carolina General Statute § 15A-1343 details some of the common conditions of probation. This law lists regular conditions that may be applied to anyone on probation and specific conditions that may be tailored to the defendant’s situation.

North Carolina General Statute § 15A-1345 governs probation violation hearings and procedures. This law goes into detail on how violation hearings are to be handled by the court. Knowledge of these laws is beneficial because judges often base the outcome of a probation violation hearing on the facts of the alleged violation.

Hire a Probation Lawyer

Many defendants who are accused of violating probation do not know what to expect from the court. Hiring an Asheville probation attorney allows you to have someone familiar with the law on your side.

When you hire a probation lawyer, they can help you understand your rights and explain how the process works. Every situation is different, and knowing what you are accused of and what your options are is key to helping you decide what to do next.

FAQs

What Happens If You Violate Probation in North Carolina?

If you violate probation in North Carolina, the judge can order a probation hearing to determine whether you violated probation. Depending on the facts of your case, the judge could extend your probation period, modify probation terms, impose further penalties, order a period of confinement, or revoke probation.

How Do You Get a Probation Violation Dismissed?

The probation violation could be dismissed if the prosecution cannot prove you violated your probation, or you did not actually violate the conditions of your probation. There are many reasons this could happen. The person who reported you may have been mistaken, may not have written a report, or the judge may find that your conduct does not violate probation. Probation violation hearings are unique and fact-specific.

What Evidence Is Needed for a Violation?

Evidence of a probation violation can include, but is not limited to, a report from your probation officer, drug tests, attendance sheets, payment records, witness statements, video surveillance, or paperwork related to a new criminal offense. Remember that because this is a probation violation and not a criminal trial, the judge only needs to believe that it is more likely than not that you violated probation.

Can a Probation Violation Be Based on a New Arrest?

Your probation can be violated based on a new arrest. If you get arrested and the conduct you are accused of violates a condition of your probation that requires you to obey all laws, you could be in violation of probation. However, an arrest is not enough proof that you violated probation.

Asheville Probation Violation Lawyer

If you are accused of violating your probation, Edwards Law, PLLC can assist you. We can defend your rights and inform you of your options. Contact us today for a consultation.