Learn About the Consequences of Probation Violation

When the court finds a defendant guilty of committing a crime, the judge can pass a probation sentence as an alternative to a prison sentence. A placement under probation is almost always preferable to a prison sentence.

However, a probationer must adhere to strict requirements during the probationary period. Violating these probationary terms can result in several repercussions. Our expert team at Apex Bail Bonds outlines the most common probation violation consequences in this guide.

What Is Probation?

After convicting a person of a crime, the court may place them on probation as an alternative to incarceration. The courts typically grant probation to low-risk or first-time offenders.

Under a probation sentence, a probationer is under court supervision for a specific period, which involves critical evaluation and examination. Two types of probation exist under North Carolina state law:

Supervised probation: Under this order, the court will assign a probation officer to the probationer. This officer oversees the probationer’s conduct and monitors their compliance with the probation terms. Under supervised probationary terms, the probationer must:

• • Not leave the jurisdiction without court permission

• • Follow a curfew

• • Seek or maintain employment

• • Adhere to no-contact orders

• • Undergo unscheduled drug and contraband searches without a warrant

• • Undergo unscheduled drug testing

• • Attend treatment programs for drug and alcohol abuse

• • Do community service

• • Pay supervision fees, court costs, or fines

• • Refrain from possessing or using firearms

• • Comply with all federal and state laws

The court may not order all the above terms depending on the nature and severity of the probationer’s offense.

Unsupervised probation: With this sentence, a probation officer doesn’t oversee the probationer’s compliance. However, the probationer must comply with all restrictions and federal and state laws during this period. The court may also order that the probationer pay court fees or fines.

Probation Violation Meaning

The courts typically grant probation to rehabilitate the probationer while protecting society from criminal behavior. Non-compliance with the law or the court’s terms for this sentence constitutes a probation violation. Typical examples of probation violations include:

• • Missing an appointment with the designated probation officer

• • Failing to appear at any court hearings

• • Failing to pay court costs, fines, or supervision fees

• • Failing to complete all community service hours

• • Failing to obtain or maintain employment

• • Committing an offense during the probationary period

A probationer who doesn’t comply with specific restrictions, such as a no-contact order, also commits a probation violation. Additionally, the requirement to comply with all laws pertains to minor infringements. For example, a traffic violation can constitute a probation violation.

Probation Violation Consequences

Can a probation violation be dismissed? The procedure following a probation violation depends on the applicable laws within the jurisdiction.

Generally, probation officers have some discretion in deciding whether the probationer committed a probation violation. If the probation officer believes that the probationer’s conduct violates the court’s terms, they must issue a probation violation report.

In response, the court may issue a warrant for the probationer’s arrest and schedule a probation hearing. During this hearing, the court will determine if there was a violation and the resulting consequences.

If the court finds, to the judge’s reasonable satisfaction, that the probationer committed a probation violation, the judge can make any of the following orders:

• • The current probation terms must remain intact

• • The probation terms must include additional restrictions

• • The probation period must extend by a specified number of months or years

• • The probation must terminate with no additional conditions

• • The court revokes the probation and replaces it with a prison sentence

The probationer will likely serve confinement in response to a probation violation where they would have served an active sentence.

Probation Violation Bail Bond

A probationer’s prehearing release options are similar to pretrial release for other criminal charges. As a result, the court may release the probationer on a probation violation bail bond. The court will typically order violation probation jail time if it considers the probationer dangerous.