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Wake County Probation Violation Lawyers

Smithfield Probation Violation Defense Attorneys

Attorneys in Raleigh, NC for Those Accused of Violating the Terms of Their Probation

When an individual is convicted of a crime, the judge presiding over the case often has wide discretion in determining the penalties that are to be imposed. In some situations, a conviction will lead to a period of incarceration in county jail or state prison, as well as the mandatory payment of fines, fees, and court costs. In other cases, however, the judge may elect to suspend the jail sentence and place the person on probation. The offender could also be sent to jail for a reduced sentence followed by a period of probation. Under North Carolina law, a criminal court judge has the authority to apply a variety of terms to an offender's probation order. Failure to comply with any of these terms is a probation violation, which can lead to severe penalties.

If you are accused of violating the terms of your probation, the experienced criminal defense lawyers at Vasquez Law Firm, PLLC are ready to assist you. We recognize the serious nature of alleged probation violations, and we realize that having your probation revoked is likely to have a devastating effect on you as well as your family. Our team will work hard to help you defend against the allegations and to ensure that your rights and best interests are fully protected.

Understanding Probation Violations in North Carolina

Probation is often part of plea agreements offered by prosecutors in criminal cases. The specific terms of the probation order, however, must be approved and signed by the judge. Once the terms have been set, they must be followed under penalty of law. Unfortunately, all it takes is the appearance of having violated your probation to put you in danger of going to jail—or back to jail, as the case may be.

There are a variety of ways in which you could potentially violate the terms of your probation. Some of the most common include:

  • Failing to appear for scheduled court dates
  • Failing to meet with a probation officer as required
  • Failing to pay the required fees
  • Failing to perform ordered community service
  • Failing to pay required restitution for the offense in question
  • Committing another criminal offense while on probation
  • Testing positive for illegal drugs
  • Associating with known felons or others specified by your probation order
  • Possessing a firearm

Trusted Smithfield Counsel for Probation Violation Hearings

If you are alleged to have violated your probation, you may be arrested, and you will most likely be required to attend a hearing in front of a judge. It is important to have one of our skilled attorneys present with you at the hearing to present your version of what happened and to protect your rights. In situations where you may have unintentionally violated the terms of your probation, you and your attorney will need to explain the circumstances and have a plan to prevent similar issues in the future. You may also need to agree to some type of electronic monitoring, additional meetings with a probation officer, and additional alcohol and drug testing to avoid jail or prison.

Based on the arguments and evidence presented at the hearing, the judge could order:

  • A modification of the terms of your probation with additional requirements or restrictions
  • A continuation of the current terms of your probation
  • A termination (revocation) of your probation

If your probation is revoked, you will most likely be sent to jail.

We Can Help You

When you are facing allegations that you violated your probation, it is crucial to have an attorney on your side who is ready to stand up and fight for you. At the Vasquez Law Firm, PLLC, our lawyers have over 35 years of combined legal experience, and we will do whatever it takes to ensure that your best interests are fully protected. For more information, contact our office. Call 1-844-YO-PELEO or 919-989-3000to schedule a free consultation with a member of our team today. We serve clients in Wake County, Mecklenburg County, Johnston County, and the surrounding areas. Hablamos Espanol.

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