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What is a probation violation?

On Behalf of | Feb 10, 2021 | Criminal Defense

Receiving probation can feel like a relief after facing criminal charges.

However, it is critical that individuals understand the terms of their probation fully as they move forward, so they can protect themselves and avoid the effects of a violation.

What exactly counts as a violation?

If the court orders probation, they will outline specific conditions and rules individuals must follow. These conditions can vary significantly. After all, they will depend on the individual’s circumstances and the criminal charges they faced.

Under North Carolina law, the conditions of probation could include, but are not limited to:

  • Fulfilling community service
  • Paying court-ordered fines
  • Seeking treatment for substance abuse
  • Not using or possessing illegal drugs
  • Submitting to periodic drug tests
  • Submitting to monitoring

Failing to adhere to any of these conditions or rules is generally considered a probation violation.

Some violations can have more severe penalties

There are two probation violations that North Carolina courts consider to be more serious than those listed above. These actions – called substantive violations – are:

  1. Absconding, or purposely avoiding supervision
  2. Facing new criminal charges above a Class 2 misdemeanor

Individuals should not overlook the risk of probation violations. They could face serious consequences as a result. Depending on the type of violation and the individual’s situation, courts might order jail time or restrict the existing conditions further. Substantive violations could even lead to the revocation of probation.

The court does not take these violations lightly, and individuals must take great care to understand their rights as well as the rules of their probation to protect their future.