Do I have the option of finishing out the length of my probation in jail?

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Do I have the option of finishing out the length of my probation in jail?

I’m 17 and on juvenile probation for a class one misdemeanor shoplifting. I’ve done all of my community service, I’ve attended all of my required therapy appointments and have done pretty well in school (passed all my classes with B’s and Cs). The only issue is that my probation officer violates me for anything possible – from the people I hangout with to trying to accuse me of skipping school. I have all of my early dismissal notes from the days I have had to leave early mainly for the required therapy appointments. None of my violations are criminal charges. I have court this month for yet another probation violation and I was wondering if instead of them extending my probation 6 more months if I would be able to request jail time for the original sentencing for the crime or for what is left of my probation. Do I have the right to do that? I understand what i did was wrong but I’ve already been on probation for a year and 6 months and it seems ludicrous to me to be supervised 2 years over such a petty crime. Is there anything I would be able to do or say to the judge to help him accept my request?

Asked on February 18, 2016 under Criminal Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The judge may or may not accept your request.  When defendants say 'I just want to sit out my time,' may judges take that as an invitation to make the probation tougher because they see sitting out your time as a 'cop out' to rehabilitation.  If you are going to ask the judge for this type of relief, then you need to be as humble as possible when asking for it.  The more he thinks you are not willing to accept responsibility the more the judge is going to think that you are in need of rehab services.  So... make sure that you express remourse for the crime and do not refer to it as a 'petty crime.'


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