Charlotte Probation Violation Lawyer

The Law Office of Kevin L. Barnett provides comprehensive and aggressive criminal defense representation to clients throughout the Charlotte, NC, area. Facing criminal charges can be a life-changing experience, and it’s vital to have defense counsel you can trust if you have been charged with a crime. Similarly, if you have already been convicted of a crime and sentenced to probation, you can face severe penalties if you violate the terms of your probation.

Legal Counsel for Charlotte, NC, Probation Violation Charges

An experienced Charlotte probation violation attorney is the ideal resource to consult when you are charged with violating the terms of your probation. Sometimes people subject to probation orders encounter extraordinary circumstances that prevent them from abiding by the terms of their probation. Other probation violations occur unintentionally. However, the court will always view probation violations unfavorably, even when those charged with violating probation believe they have legitimate and reasonable excuses for their actions.

If you or a loved one faces incarceration and other penalties after being charged with violating your probation terms, we can help. Our firm has years of experience representing clients in all manner of difficult criminal cases, including those pertaining to probation violations. As a result, we know how local prosecutors handle these cases and what our clients can expect in their interactions with the Charlotte criminal justice system.

Why Do I Need a Charlotte Criminal Defense Attorney for a Probation Violation?

It’s possible to receive probation as a penalty for a misdemeanor or a felony, depending on the unique details of the case. Many first-time offenders are sentenced to probation instead of jail time to reduce prison crowding in North Carolina and provide these defendants with opportunities to make better choices. Whenever an individual is sentenced to probation, they must understand the terms of their probation and abide by them at all times until the probation period expires. It’s also possible for probation to follow release from jail or to run in tandem with other penalties following a criminal conviction. Working with a criminal defense attorney is helpful when it comes to reducing the impact of a conviction and beneficial if you are later accused of violating probation and face enhanced penalties. Your attorney could help you clarify the situation if you unintentionally violated your probation terms or were forced to violate them due to circumstances outside your control.

An experienced attorney is invaluable in this situation, potentially helping you avoid penalties for a probation violation that was not your fault or helping you mitigate your penalty if you knowingly violated your probation terms. It’s important to remember, however, that intentional violations of probation are much harder to defend compared to unintentional or coerced probation violations.

What Does Probation Usually Include?

When an individual is assigned to probation in response to their criminal offense, the judge handling sentencing will determine the breadth and severity of their conditions for probation. While these are typically different for every case, most probation orders include terms such as:

• Travel restrictions. The subject of a probation order could be barred from leaving their state or county for a specific period. In addition, they may need to notify their probation officer about any necessary travel they must make for medical emergencies or family matters.
• Probation officer contact. Everyone assigned to probation in North Carolina is assigned a probation officer to manage their case. They must meet with their probation officer at specified times and maintain close communication with their probation officer. If they are assigned additional probation conditions, their probation officer is typically the one who will verify when they complete these conditions.
• Community service. A defendant may be required to complete a certain number of hours of community service during their probation period. In addition, some defendants will also have probation conditions that entail participation in victim impact panels for certain types of crimes. Failure to complete such conditions of probation within the allotted time could lead to an extension of probation or other penalties.
• Drug and alcohol testing. If the defendant committed a drug-related offense or was arrested for driving while intoxicated (DWI), they may be required to attend drug testing sessions with their probation officer and/or complete a substance abuse treatment program during probation.
• Firearm restrictions. Many people on probation will be required to surrender any firearms they own to the police. In addition, they will be prohibited from purchasing, possessing, or using firearms for their probationary period.
• Conduct restrictions. If an individual on probation commits any other criminal offense during their probation, they will automatically face criminal charges for the new offense and penalties for their violation.
• Work requirements. Probation often requires the defendant to maintain employment or complete job search efforts during their probationary period. Remaining unemployed for too long could constitute a probation violation, and lack of income may prevent the defendant from paying their court-ordered penalties.

It’s vital to consult your probation officer about any concerns that may arise regarding the terms of your probation. If you cannot make an appointment with your probation officer, you must have a legitimate excuse and notify them as soon as you become aware of the problem. Unfortunately, failing to maintain close contact with probation officers is one of the most common reasons for probation violation cases.

What Happens When Someone Violates Probation?

When a probation officer determines that a defendant on probation has violated the terms of their probation order in a significant way, they will notify the court, and a warrant for arrest is likely to be issued against the defendant. In this situation, the defendant needs to have defense counsel, and it may be very difficult to prove that a violation was unintentional.

If a defendant knowingly and willfully violates their probation terms, they face the original penalties the judge reserved in favor of probation, if applicable. Otherwise, the judge will determine their penalty for violating probation. A minor violation could lead to a fine or an extended probation term, while more serious violations lead to much harsher penalties. For example, if a defendant was sentenced to three years of probation instead of one year in jail and then violated their probation, they could face a year or more of incarceration to reflect the original offense in addition to their probation violation.

Judges that oversee probation violation cases have broad discretionary power when assigning penalties for violations. Most judges seek punishments proportionate to the severity of violations. Having an experienced Charlotte probation violation attorney representing you can potentially help you secure a much lighter penalty for a probation violation. When you are compelled to prove you had a valid reason for the incident, your attorney can help you gather any evidence you may need to substantiate your case.

How Can a Charlotte Probation Violation Attorney Help Me?

When you choose the Law Office of Kevin L. Barnett to represent you in any dispute regarding your probation, you can expect responsive legal counsel through all stages of your proceedings. Whenever we represent clients in Charlotte, NC, who are ultimately sentenced to probation, we strive to help them understand their probation conditions so there is minimal confusion regarding their rights and responsibilities. Additionally, when our client is accused of violating their probation, we determine the root cause of the issue and help the client discern whether they have any valid defenses against their alleged violation.

Whether you have had difficulty paying court fines, maintaining employment during your probation, or if you have been struggling with medical complications, an experienced Charlotte probation violation attorney is an invaluable asset as you navigate the difficult proceedings ahead of you. It is easy to feel as though the entire criminal justice system is pitted against you when you are charged with violating your probation due to circumstances beyond your control or a simple misunderstanding. However, defense representation is an invaluable asset, even in more serious cases involving intentional violations of probation conditions.

Our firm has helped clients avoid penalties for failing to pay court fines in the face of financial hardship, and we have helped them prove the medical issues that prevent them from adhering to their probation requirements. As a result, many people charged with probation violations in North Carolina have more options for defending themselves than they initially realize. Working with an experienced Charlotte probation violation attorney helps to take full advantage of all opportunities for defense.

If you have recently been convicted of a crime in the Charlotte, NC, area and sentenced to probation, call our firm. We can provide the legal guidance you need to fully understand the terms of your probation so you do not unintentionally commit a violation. Additionally, if you have broken the terms of your probation and now face a hearing in the Charlotte criminal court, we can provide the representation you need to navigate the situation with greater confidence. Discuss your case with an experienced Charlotte probation violation attorney; contact the Law Office of Kevin L. Barnett today and schedule your consultation with our team.