Raleigh Lawyers for Wake County Probation Violation Allegations
Accomplished Raleigh legal team delivers strong representation for probation violations
Probation Violations are codified under Article 82 of the North Carolina Criminal Procedure Act. When a probation officer alleges a violation of probation, a Defendant is exposed to the possibility of having all or part of their suspended sentence activated.
There are significant steps that can be taken to protect a defendant’s probation from alleged probation violations. Attorney James Little served as the primary probation violation defense attorney for the Wake County Public Defender’s Office from 2009 to 2011. During that time, James learned the intricacies of Article 82 and the changes that the General Assembly imposed with the Justice Reinvestment Act. As part of Hatch, Little & Bunn’s Criminal Defense Team, James continues to defend probationers as they work to succeed. There are defenses to alleged probation violations. Let our team help defend you.
Sentencing for a conviction
Upon sentencing for a conviction, a court may elect to suspend an active sentence in lieu of probation. Probation may be either supervised or unsupervised. The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him to do so (North Carolina General Statute 15A-1343). If the State believes that the defendant has failed to comply with those conditions, a probation officer or prosecutor may file a report with the Court that alleges violations of probation.
Probation violation hearings in Wake County
In a probation violation hearing, the State has the burden to prove a violation to the reasonable satisfaction of the judge. If the defendant contends that the violation occurred but was not willful, the burden falls on the defendant to prove it so to the same reasonable satisfaction.
If a willful violation is found by the Court, the judge may impose a number of sanctions. Sanctions may include community service, substance abuse courses, educational classes, jail weekends, and other remedial actions. In other circumstances, the Court may impose jail sentences referred to as split sentences. These sentences may be up to one-quarter (1/4) of the maximum imposed suspended sentence. As an alternative, the Court may impose a CRV. CRVs are confinements in response to the violation and are generally 90 days when imposed for felony probation. If a defendant is in custody pending a probation hearing and is then assessed a CRV, by statute the defendant does not get credit for time spent awaiting the hearing. The 90 days begins at the imposition of the CRV.
A court may also revoke probation and impose a suspended sentence. This sanction applies to violations for absconding, new criminal conduct, and when the defendant has twice previously been found in violation of probation for the same case. In limited circumstances, upon revocation of probation, a defendant’s suspended sentence may be slightly modified.
Under the right circumstances, the Court may also find a violation and impose no sanction at all. Certain violation hearings may also prove beneficial to the defendant, particularly in instances where the violations are solely monetary. A court may remit fees, reschedule fees, transfer fees to a civil judgment, and extend probation to facilitate the payment of fees.
Contact our criminal defense team today for a free consultation. Our criminal defense attorneys are skilled, proficient and ready to assist you.
Contact our criminal defense team today for a free consultation
Our criminal defense attorneys are skilled, proficient and ready to assist you. We utilize our experience and knowledge to fight on your behalf. Call The Criminal Defense Team of Hatch, Little & Bunn, LLP at 919-714-4306 or contact us online to schedule a consultation at our Raleigh, North Carolina office.