Accused of Violating Probation in North Carolina: What to Expect

An accusation is not a ruling

Learning that your probation officer says you broke a condition is frightening, especially when you have been doing your best to stay on track. It helps to remember that an accusation is only that. Someone claims you did something or failed to do something, and a court decides whether the claim is true and what, if anything, should follow from it.

People are most often accused over things that sound routine from the outside. A missed appointment, a payment that came in late, a test result, a change of address that was not reported, or a new charge. Each of these has an explanation in some cases and no explanation in others. What matters is what actually happened and what can be shown about it.

What usually happens next

The details vary with the original sentence and with what you are accused of, so treat this as a general outline rather than a script. Typically a report or notice goes out, a court date is set, and a judge hears the matter. You will be told in writing when and where to appear. Read that notice slowly, more than once, and write down the date and time the moment you get it.

Never ignore the notice. Failing to show up can make a bad situation worse, and it removes your chance to explain. If you are confused about whether the paper in your hand is a notice to appear, a warning, or something else, ask an attorney before the date arrives, not after it passes.

How serious the consequences can be often depends on the original case. North Carolina law treats a misdemeanor, which carries up to two years, differently from a felony, which carries more than two years, and what was imposed in your original case affects what is at stake now. That is a good reason to find your original paperwork and bring it along when you talk to an attorney.

Gather your own proof

In most probation disputes, the person who can document what happened is in a stronger position than the person who can only describe it. Start collecting records the day you learn of the accusation.

• Receipts, money order stubs or bank records for any payment you made
• Proof of attendance at any required class, counseling session or community service hours
• Pay stubs or work schedules that explain a conflict with a required meeting
• Medical records or hospital paperwork if illness or an emergency kept you from something
• Texts, emails or voicemails between you and your probation officer
• Your original judgment and the list of conditions you were given

If you cannot find something, do not make up a replacement or alter anything. Fabricated or edited records create a far bigger problem than a missing one. Tell your attorney what is missing and let them work out how to fill the gap honestly.

What to say, and what to leave alone

Keep following every condition of your probation while this plays out. The surest way to turn a single accusation into several is to ignore the rules in the meantime. Keep your appointments, keep paying what you owe, and avoid any situation that could lead to a new charge.

Be careful about what you put in writing. A text message that begins as an apology and turns into an explanation can be read as an admission. It is usually wiser to be courteous and brief with your probation officer, and to leave the detailed account for a conversation with your attorney. The same goes for social media, where a post about a weekend or a purchase can contradict what you later say.

Why to talk to a lawyer early

The earlier an attorney sees the notice, the more options there are. There may be time to collect records, to look at whether the accusation matches the actual conditions of your sentence, and to prepare you for what the hearing will look like. A lawyer can also tell you honestly if a particular accusation is likely to be hard to answer, so you are not surprised.

Carl L. Britt, Jr., Attorney at Law, at 224 Dick St in Fayetteville, represents people in criminal matters in Cumberland County. Zachary D. McLaurin, who works with the firm, was an Assistant Public Defender and later an Assistant District Attorney in Cumberland County, where he worked on misdemeanors and felonies. It costs nothing to talk with the firm, and you only pay if you retain its services. The number is (910) 483-1176.

This article is general information, not legal advice, and every probation matter turns on its own facts and its own court orders.