Greensboro Probation Violation Lawyer

Dedicated Probation Violation Attorney in Greensboro

Probation is designed to allow certain prisoners, including first-time offenders and those convicted of misdemeanors or non-violent felonies, an opportunity to return to their jobs, address underlying problems, such as substance abuse, and prove that they don’t need to be in prison to correct their behavior. If you’ve violated probation, you need to hire a Greensboro probation violation lawyer to help you with your case right away.

Trust LAWSMITH, The Law Offices of J. Scott Smith, PLLC

If you’re looking for a probation violation attorney to assist with your case, you can trust the team here at LAWSMITH, The Law Offices of J. Scott Smith, PLLC. We have years of experience in handling probation violation cases and helping clients avoid going to jail or prison following alleged violations. Let us help you with your case.

Why Hire a Probation Violation Lawyer?

There are 67,847 people on probation in North Carolina, according to the Prison Policy Initiative. The people on probation slip up from time to time, and technical violations are relatively common. If you’ve been accused of violating your probation due to either a technical or a substantive violation, you can hire a probation violation lawyer to help you avoid prison time. Your lawyer can:

• Protect your rights and provide fair treatment
• Negotiate an alternative to being sent to prison
• Navigate technical and substantive violations
• Gather mitigating evidence
• Provide courtroom advocacy

Working with a probation violation attorney is an effective way to reduce your odds of being sent to prison following a violation of the terms of your probation.

Understanding the Justice Reinvestment Act

Probation violations are common in the Tar Heel State, but North Carolina’s Justice Reinvestment Act offers alternatives to revoking probation and sending people to prison for minor issues. A judge can’t generally activate your suspended prison sentence for just a first or a second violation unless you committed a new crime or were willfully absconding.

Under the Justice Reinvestment Act, probation officers are allowed to use “quick dip” sanction tools, including short 2–3-day jail stays, for technical violations. There were 1,856 quick dips ordered in 2023, 51% for two-day periods and 49% for three-day periods. Quick dips are more frequently ordered for people who have committed misdemeanors than for felons. The court can revoke probation following two separate quick dips.

Technical vs. Substantive Violations

It’s important to understand the difference between technical and substantive violations of probation. Here’s what you should know:

• Technical violations. Technical violations occur when someone violates the terms of their probation. They are not always new charges.
• Substantive violations. Substantive violations occur when a probationer commits a new crime.

Minor technical violations often end in warnings, particularly for a first-time problem. Major violations often lead to trips to court, and being arrested for a new crime means you’ll have to appear before a judge.

Probation Revocation Hearings

Probation revocation hearings occur when probationers violate the terms of their release and face the possibility of going back to prison. At this hearing, your probation officer will present any evidence they have showing that you violated the terms of your probation.

The burden of proof falls on the state, but the standard of proof is lower than in criminal cases. Instead of having to prove your guilt beyond a reasonable doubt, the probation officer must only show a preponderance of the evidence indicating that you violated your probation.

Potential Outcomes of a Revocation Hearing

If you are found to be in violation of probation, the judge could:

• Send you to the Guilford County Detention Center or a local prison
• Impose additional terms
• Extend the probation period

FAQs

How Much Does It Cost to Get a Lawyer for a Probation Violation?

In Greensboro, the cost to get a lawyer for a probation violation depends on the specifics of your case, such as your original case, how complex your probation violation case is, and how much experience your attorney has. If you would like a clear idea of what you can expect to pay, contact our office with questions about attorney fees.

How Do You Get a Probation Violation Dismissed?

You may be able to get a probation violation dismissed with the help of a Greensboro probation violation attorney. Your attorney can help you attempt to prove that the allegation of violation is false, negotiate a withdrawal with the prosecutor, or resolve the underlying issue quickly and fairly. The burden of proof in these cases rests with the state, so building a strong legal defense is the key to avoiding further prison time.

What Happens if You Violate Probation in NC?

What happens if you violate probation in NC varies. Probation violation penalties can range from an official warning to having your probation fully revoked and having to serve your original suspended prison sentence. The consequences could depend on the severity of the violation and your criminal history. Ask an attorney for help avoiding the worst probation violation penalties.

What Is the Most Common Violation of Probation?

The most common violation of probation is a technical violation, such as failing to report to your probation officer. Technical violations happen when you break administrative rules, not when you commit new crimes. They can, however, still have serious repercussions and could lead to additional prison time. Additional technical violations include failing drug tests, non-payment of fines or fees, unapproved travel, and program non-compliance.

Your Greensboro Probation Violation Lawyer

If you’ve been accused of violating probation, you need to take the situation seriously, even if the alleged violation did not involve committing any new crimes. You can work with a Greensboro probation violation lawyer to improve your odds of avoiding further prison time.

The team here at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, understands your rights as they stand in regard to probation, and we’re here to protect them. Our primary focus is on criminal defense law, and we have years of experience in interpreting probation violation laws. Let us tackle your complex case. We have what it takes to help you avoid jail or prison time. Contact us to schedule an initial consultation today.