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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: 2398
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 inquiring on behalf of my stepson, Chet xxxxxxxx, who

    I am inquiring on behalf of my stepson, Chet xxxxxxxx, who resides in a nursing home the result of a massive stroke he had while in prison. He asserts that he was falsely arrested and falsely imprisoned during his last incarceration. I submit a summary of his incident reports obtained from the Jones County Sheriff's Office in Gray, Georgia. The Incident Reports for Chet xxxxxxxx In Summary: 12/28/01 Simple battery and possession of marijuana 1/21/02 Burglary that led to intense probation. 10 yr sentence* 12/18/03 Manufacture of methamphetamine. 10 yr sentence intense probation* 9/27/05 Open container; failure to maintain lane 5/27/06 Failure to yield stop sign, DUI, possession of marijuana + 10/01/07 Probation violation: possession of marijuana 11/14/07 Marijuana drug test positive; probation lifted 03/11/08 Probation violation warrant: original charge- marijuana. Sentence: revoked in full state prison * (to be served concurrently back to back) + Origin of "cause to arrest" which led to final imprisonment It is my contention that he was arrested on 5/27/06 because of minor traffic stop but it was determined he had marijuana, a violation of his probation. His habitual violations and the seriousness of previous crimes resulted in his placement in prison on a probation violation. What is your opinion?

  • 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
  • Why did the cops try to arrest me for the same charge (simple

    Why did the cops try to arrest me for the same charge (simple assault) two days later after posting an 85.00 bond in Thomasville Ga.?Also another question I have for you,my girlfriend just got out of prison for a violation of her prob....her first charge in her life which was grand theft,she is 40 after she got out in June of 2013 she was caught driving with no licence in Nov...She went to court and received 6 months prob. And 40?you're of community service she just completed that.,ok she had to call the law today because of problems with her teenager,they decided to run her name and she came back with FTA on a petty theft charge that happened two years ago at Wal-Mart .The officer said the warrant was Istanbul in Feb. Of this year.She never received a notice in the mail from The clerk of court here in Perry,Florida.the officer didn't take her as long as she promised to go to the court house and talk to the clerk of court,he said she may have to voluntary turn herself in tomorrow.....My question is why is this just popping up and why didn't the county prong officer know about this the whole time she's been on probation for dwnl?
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