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Probation Violation Questions

If an individual is not able to complete all of their probation in the time given by the court, this could be considered a probation violation. Probation violation may be a serious crime and can lead to serious consequences. It is important to know the aspects of probation violation in order to know what needs to be done if put on probation by a court. Given below are popular questions that have been answered by Experts about probation violation.

Does a probation violation charge affect a driver license renewal?

In many cases this would be unlikely that a probation violation charge could affect a driver license renewal unless the probation violation is related to driving. Otherwise, there would be no direct relation between the two.

If an individual, who has been charged with probation violation successfully, completed the sanctions, can they petition against the revoke of the probation get the charge dismissed?

In most cases, the petition to revoke the probation may get dismissed if the individual completes all the sanctions of the probation successfully.

What is the punishment for probation violation in North Carolina?

Laws about probation violation differ from state to state. In some states, like North Carolina, an individual may be sent back to jail for a probation violation. The time the individual needs to spend in jail could be any amount of time left in the original sentence. The judge may decide if he/she wants to waive the probation violation or give the individual more prison time.

How can an individual avoid jail time if they were charged with a probation violation towards the end of their probation?

If an individual is charge with probation violation, in most situations, the individual may be entitled to an attorney. If the individual cannot afford an attorney, they may contact the public defender’s office to arrange for one. If the individual is able to prove that they almost completed the probation and complied with all the terms of the probation, except for the last few months, the individual may avoid three years of jail term. The individual, however, must make sure to pay the restitution. Failure to pay restitution can also be termed as a violation of probation. If the individual pays the restitution, they may either be given an extension on the probation or 6-9 months in jail.

Can an individual appeal a probation violation case?

In most situations, an individual may appeal a probation violation case if they are able to prove that the decision on the violation charge was not a fair one and was an abuse of power. The individual may do so within 30 days of the probation violation charge in a Circuit or Superior Court.

Does the time before a probation violation count towards completion of probation?

It is likely that the time before a probation violation may be counted as completion of probation unless the judge takes a different decision at the hearing. The judge has the rights to modify or extend the current probation order at the probation violation hearing.

Would it be considered a probation violation if an individual, who is on probation for reckless driving, gets evicted for not paying property taxes?

It is unlikely to be considered probation violation if an individual, who is on probation for reckless driving, gets evicted for not paying property taxes, unless however, that the terms of the probation is to maintain adequate shelter at all times. If a person is evicted from their home, this could be considered a homeless situation and could often be considered a violation of probation.

Would it be considered a violation of probation if an individual used anabolic steroids prescribed by a doctor while on probation?

If an individual used prescribed medications given by a doctor for medical purposes, when on probation, it would not be considered a violation of probation in most situations. However, in certain situations, it would be considered a probation violation if the judge prohibits the individual from using a particular steroid that has been prescribed by the physician.

Having enough information about probation violation can help individuals deal with the situation better. At times it may also prevent individuals from taking probation lightly and can help them complete all the requirements of the probation given by court. Probation violation can be a serious crime, if taken lightly. Individuals who are on probation do something that may be against their probation, these individual may seek the answers from the Experts as to what their punishment may be.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2384
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Probation Violation Questions

  • i am on probation for assault to a family member and criminal

    i am on probation for assault to a family member and criminal mischeif that occured in the same incident, i believe both are misdeamoner forms of the charges. I got into a mutual fight with my 24 year old male cousin who was an ex convict. I am on probation for 18 months in texas and have served 8 months of probation, and have a very solid attorney. Also this is my first charge ever in my life.
    I have complied completely with the law at this point and current on request of my po.
    My question is if I was to first time fail a urinalysis for alcohol, what is the estimated punishment I would likely receive?
    And by first time fail a urinalysis I mean, this would be the first urinalysis I would fail on my probation.
  • i am on probation for assault to a family member and criminal

    i am on probation for assault to a family member and criminal mischeif that occured in the same incident, i believe both are misdeamoner forms of the charges. I got into a mutual fight with my 24 year old male cousin who was an ex convict. I am on probation for 18 months in texas and have served 8 months of probation. also, my charge carries a maximum punishment of 1 year in jail. I have paid all my fees and done all the classes necessary for my completion of probation in a timely manner and have met all conditions requirements of my probation up until this point. SO I am up to date on all requirements and have no prior probation violations what so ever. i have a clean record with NO other violations besides this incident and am 30 years old, i have a job, car, house, supportive family and an excellent lawyer. As well, I have conveyed numerous times to the probation officer that I believe fighting and violence have no stance in our society after realizing that it was unlawful to fight, since i was arrested for it.
    This is a circumstantial question, if i was to fail a urinarlsys for specifcally ALCOHOL and only alcohol use, and this was a "first time" probation violation what is the estimated amount of jailtime an individual receives for a first time probation violation, days, weeks, months, year?
  • can I be arrested for an probation violation two weeks after

    can I be arrested for an probation violation two weeks after the I got an owi? My probation officer called me this morning telling me to come in. She said I should have been brought into custody that night that's why I think I am going to be arrested.
    I think I might also have a bench warrant out for my arrest because I accidently missed court
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