PROBATION VS. PAROLE IN NORTH CAROLINA

Probation is an alternative to incarceration. You may be granted probation at sentencing, in addition to or in place of active jail time.

Parole is not the same as probation. Parole is an early release from custody for reasons like good behavior. Parole can also be based on resentencing issues. Parole is granted based on recommendations by the Parole and Post-Release Supervision Commission.

Both probation and parole require compliance with several conditions. If you violate one or more of these requirements, the Court is notified. There can be severe consequences. A probation or parole violation can lead to arrest, detention before your violation hearing, an active jail sentence or even new criminal charges.

SUPERVISED VS. UNSUPERVISED PROBATION

Unsupervised probation is typically for non-violent misdemeanors with no or minimum criminal record(s). The main benefit with unsupervised probation, besides not going to jail, is you do not have to check-in with a probation officer. In rare cases, you may receive unsupervised probation for a low-level felony, if you have an otherwise clean criminal record. Unsupervised probation may still come with conditions: drug/alcohol assessments, treatment, community service, payment of restitution, etc. The most important condition is to NOT to be charged with a new crime.

Supervised probation is a much stricter process. Offenders are assigned a probation officer, with whom you will need to meet on a regular basis. You will also be required to pay supervised probation fees.

PROBATION CONDITIONS

Depending on the factors involved, you need to adhere to various restrictions as part of your probation. These are fairly consistent among probationers and include, but are not limited to:

• No new charges filed against you
• Maintain employment or enroll in school
• Obtain a GED or high school diploma
• Not traveling out of state without permission
• Submit to periodic searches
• Paying restitution
• Performing community service
• Complete substance abuse treatment
• Refrain from drug and/or alcohol use
• Regular drug/alcohol testing
• Complete an anger management program
• Paying child support
• Not absconding
• Adhering to a curfew

If you are sentenced to community or intermediate probation, then there are also additional terms that can be applied, including community service, electronically monitored house arrest, and substance abuse treatment and monitoring.

If you are accused of violating a regular or special probation condition, call a probation violation defense lawyer as soon as possible. This can be a scary time, but there are ways to defend yourself.

TESTIMONIALS

COMMON TYPES OF PROBATION VIOLATIONS

When individuals are accused of violating their probation, aside from new criminal charges or evading law enforcement, they are considered technical probation violations. This distinction can significantly influence the consequences. No matter the allegation, you should always work with an experienced probation violation defense attorney. There may be ways to have the violation dismissed or to avoid a harsh penalty, such as “Confinement in Response to Violation” (CRV).

At Goolsby Law Firm, we have represented probationers and parolees accused of:

POTENTIAL PENALTIES FOR A PROBATION VIOLATION

• Reinstate Probation: A judge can reinstate your probation under the same conditions whether or not a violation is found.

• Modify Conditions of Probation: A judge can reinstate your probation but under different and additional conditions.

• Termination: A judge can end your probation altogether.

• Extension: A judge may extend your term of probation for good cause, whether or not you violated probation, as long as you are not given more than five years of probation total. Or, a judge can extend your probation up to three years, and beyond the five-year total, if you agree, the extension is during the last six months of your original probation, and the extension is necessary for you to complete restitution or medical or psychiatric treatment.

• Transfer to Unsupervised Probation: A judge can transfer you from supervised probation to unsupervised probation.

• Contempt of Court: A judge may hold you in contempt of court, and in this case, the prosecutor must prove the contempt beyond a reasonable doubt. You can be jailed for up to 30 days.

• Special Probation/Split Sentence: If a judge finds that a violation occurred, you can be sentenced to special probation and required to submit to a term of confinement.

• Quick Dip Confinement: A judge can order you jailed for two or three days for a minor violation.

• Confinement in Response to Violation (CRV)<: If you are found to have committed a technical violation, a judge can order you to complete a longer period of confinement than a quick dip. A probation violation after a misdemeanor can lead to CRV for up to 90 days. A probation violation after a felony, on the other hand, removes the judge’s discretion and the mandatory sentence for a felony CRV is 90 days.

• Revocation: A judge can also suspend your probation and reactive your sentence, sending you back to jail or prison. If this happens, call a probation revocation defense attorney immediately to discuss appealing the decision.

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Like any quality criminal defense attorney, Thom Goolsby may be in court when you first call, but leave a voice mail or send a text. We’ll get with you as soon as possible, so we can go over what happened, evaluate the case, and explain what comes next.