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Probation Violation - Now What?

I Violated My Probation: Now What?

  • By:ronpayne
  • 12 Comments

probation-officers-300x170 I Violated My Probation: Now What?Remember from our last blog that probation is an active jail sentence on pause for a certain period of time while you are ordered to do certain things and ordered not to do certain other things. If you don’t do what you’re supposed to do, or you do things you’re not supposed to do, then a violation report will be filed and you will be in violation of your probation. This applies whether you’re on supervised or unsupervised probation. The only difference is that on supervised probation, the probation officer files the violation(s) and sets a court date to hear it, and on unsupervised probation it’s either the clerk, the delayed payment office, or the community service office that generally file the violation reports.

Revocable Offenses

Not all North Carolina Probation Violations are created equal. There are a million ways to violate your probation, but only TWO kinds of violations authorize a judge to activate your paused jail sentence and send you to jail for that full amount of time. These are called revocable offenses and they are: (1) new criminal convictions; and (2) absconding.

Revocable Offenses: New Criminal Convictions

The whole idea of being on probation is to behave yourself. If a judge is nice enough to put you on probation and not send you to jail, the last thing you want to do is go out and commit some more crimes while you’re on that probation. Being charged with a new crime is not enough to count as a violation. However, if you plead guilty or are found guilty of a crime committed while you are on probation, then the judge can send you to jail for the full jail sentence that was on pause.

Revocable Offenses: Absconding

The other violation that is an immediate GO TO JAIL card is absconding. In English, that means to disappear and make it all but impossible for your probation officer to find you. For example, if you change your address and your phone number and don’t tell either one to your officer, then proceed to attend zero appointments, you’ve probably absconded. There is no practical way for them to find you at that point. What does and does not count as absconding gets tricky and lots of legal arguments are involved. If you’re alleged to have absconded, give me a call. I got you covered.ProbationBack-300x216 I Violated My Probation: Now What?

Technical Violations

(aka non-revocable offenses)

The million other kinds of probation violations in North Carolina are called technical violations. Technical violations include things like not paying all the money you owe; missing a few appointments; testing positive; missing court-ordered classes; etc… Usually, technical violations do not send you to jail. Usually. Unless they are egregious, technical violations generally result in you either just continuing on your probation, or in you getting MORE probation.

However, if your probation officer decides your behavior is especially unfortunate – say you miss more appointments than you attend, never answer your phone, and test positive for drugs every time you’re there – they may ask the judge for a punishment called a CRV: Confinement in Response to Violation. In English that means you’re going to jail. The length of time you go to jail is up to the judge. For misdemeanors, a judge can order you to serve an active sentence for any amount of days up to the total number you were ordered to do to begin with, but not exceeding 90 days. So, if you’re paused jail sentence is 150 days, the judge cannot give you more than a 90-day CRV. When a judge can’t revoke you but is hoppin’ mad at you, they’ll CRV you for the full time of your sentence (up to 90 days). So let’s say you got a 45-day sentence paused and you violated it with a technical violation. You’re thinking you’re good because it’s not a revocable offense. But no! The judge gives you a 45-day CRV. Really they shouldn’t be allowed to do that, but that’s a rant for another blog. For now, just know that they do do that from time to time.

If you’re on probation for a felony, as opposed to a misdemeanor, then the judge has no discretion for the length of a CRV. It’s 90 days. Period. That’s the only CRV option.

What happens at the end of the CRV? That depends. Sometimes a judge makes it terminal, meaning that whatever amount of time you spend in jail is the end of your case. When you walk out of jail, you are no longer on probation and the case is over. If the judge enters a non-terminal CRV, then you go to jail for whatever amount of time, come out, and you’re right back on probation.

There are lots and lots of tricky, sticky issues with probation violations, especially if you have more than one charge or more than one case of probation. For a FREE consultation on how to handle your probation violation in Forsyth and the surrounding counties, call or contact us at Apple Payne Law, PLLC in Kernersville, North Carolina. We’ve got you covered.

Posted in: Criminal Defense, General, Legal Education, Professional Lawyers, Trusted Law Agency

Comments

12 Responses to “I Violated My Probation: Now What?”

  1. Clifton Driver

    In need a lawyer in the morning at 8:30 in Collin county.

    October 11, 2017 - 1:24 am #
  2. Brandon

    Hey im on post release supervision. I have about one month left. No trouble no dirty drug tests no missed appointments. No problems at all plus all money paid. What are the chances i would get crv for failing a drug test for marijuana?

    October 26, 2017 - 11:52 pm #
    • Ron Payne

      Brandon, you’ll definitely want to get a consultation to discuss that. We can put you in touch with somebody who handles those matters if you like – just give us a call at (336) 283-6198 and let’s see how we can help!

      November 16, 2017 - 9:52 pm #
  3. Geoff Dunn

    Great article. From one professional to another. Great information for anyone who violated their probation.

    November 3, 2017 - 5:34 pm #
  4. Sandy

    I have not reported to probation in about a year on a felony conviction I had a mental break and have been under weekly care from mental health and to be honest was unaware I was on probation I’m in another city and received a letter now I do not know what to do

    January 30, 2018 - 12:58 am #
    • Jessica Trotter

      Sandy, I’m in the same situation. I have been in a very hard battle with depression and, honestly, just haven’t been able to get up and go see my probation officer. My hair hasn’t been brushed in months and is just one big matte now. I was just wondering if anything come of your situation. I’m terrified of going to prison for not reporting or doing anything that was asked of me. The only thing i have done right is remain clean and sober since i was arrested and put on probation. Your reply will be greatly appreciated!

      March 29, 2018 - 4:11 am #
  5. Earl Mccroskey

    I’m on state PB my original change that got me put on PB was a charge and then I count a few more small charges they put me back on I did a couple of 9 months on a 8 year sentences but here recent a caught a dui what do u think will happen with my PB violation for that charge my PO said they would put me back on PB

    March 15, 2018 - 2:49 am #
  6. Mark Jones

    I was placed on probation in 2014 for a felony drug possession, and recieved a 9 year suspended sentence. The probation ended on August 8, 2017.
    I got a second degree assault charge while on the probation, and reported it to my P.O.
    Months went by with no violation. I recieved 6 month’s County time and a 3 year suspended sentence, with a year probation.
    Om March 16, 2018, a V.O.P. warrant was filed for me. My question is this. Can I be violated 7 months after the expired term of probation? Why would the judge wait all this time for a violation,when the P.O. and courts knew all along I was serving a new sentence, but never violated.
    I’ve been out of jail since November 17, 2017.

    March 29, 2018 - 11:14 am #
  7. Stak

    Can a probation agent or judge post on otis that just 2 months ago you absconded probation from a two yr max probation that you were sentenced to in 2000 and you have never in All these years had any warrants for but now all of a sudden 18 years after the max discharge, there’s a otis file online which also has never been there until this week. That is in your your name saying absconded from probation

    May 2, 2018 - 7:18 pm #
  8. Holly

    If a person goes to court n they drop the charge to a mistameater and the judge said no jail time can he still go to jail

    March 23, 2019 - 8:53 am #
  9. N/a

    I violated with 11 days left of probation because I couldn’t make it to my appointment do you think I’ll be alright when I go to court?

    March 26, 2019 - 6:51 pm #
  10. elizabeth

    My son was arrested for a misunderstanding he is on probation but has not been in trouble his stepfather went after him because he Throught he was hitting his girl friend .hus stepfather fell and hurt and scraped his knee the cops came and asked his stepfather if he wanted to make a statement he said no and the cop asked his stepfather if he could take a picture of his knee everyone was heated mad my son got arrested his step father wants to make things right because he want after him first what do we do

    March 27, 2019 - 5:15 am #