Comments on: Confinement in Response to Violations (CRV) and Limits on Probation Revocation Authority

By: Jamie Markham

Jamie Markham — Thu, 14 Mar 2013 02:25:33 +0000

Adren Harris: It seems to me that the person would get 180 days of credit toward both sentences–regardless of whether those sentences wound up being run concurrently or consecutively upon revocation. I discuss that briefly on p. 69 of the Justice Reinvestment book.

By: Adren Harris

Adren Harris — Fri, 08 Mar 2013 17:05:52 +0000

If a defendant pleads guilty to two felonies and receives a 12 month suspended sentence for each count and while on probation he receives two 90 day CRVs. In which, the Court revokes his probation and actives his sentence. Does the defendant get a 180 days of credit for both sentences or only one? Thank You!

By: katie

katie — Tue, 08 Jan 2013 14:09:56 +0000

My boyfriend was just sentenced to a 90 day CRV and is saying he might be getting sent to central prison in Raleigh instead of staying in Buncombe county, i was just curious to why he is saying that he probably won’t be allowed visits or me to send him things like pictures. All this is new to me and im trying to figure out how this sentence is going to go. Anyone who can explain any of this to me would be great! Thank you!

By: Shirley

Shirley — Sat, 05 Jan 2013 16:46:00 +0000

Hi Iam in NC and my grandson has had a bout with law. He was convicted of a B&E at age 17 with he got probation for. Being with the wrong crowd he was convicted again for procession of a fire arm by felon and was put on the ankle monitor for 90 days and 44 months probation. Which ended up violating first charge(B&E) and he had to serve a 6-8 month sentence. While serving that suspended sentence a charge was brought against him for having a fire arm before he received the ankle monitor. Now instead of coming home they have sent him from from the place of the suspended sentence to the county to anwser charge. My question is can we get that charge to run concurrent with the ankle monitor or will they try to convict him as a new charge and violate the ankle monitor even though it happen before the probation. please help he after being arrested for the charge with the ankle monitor he cleaned himself up. While waiting to see if he would be violated for the 1st charge he got a full time job, went back to college and stayed away from bad company please help

By: Jamie Markham

Jamie Markham — Mon, 01 Oct 2012 13:28:44 +0000

Mark: The original conviction date doesn’t matter, but it’s incorrect for CRV to be imposed for a violation before 12/1/11. It probably could be corrected through motion for appropriate relief as an improper sentence. Note that for pre-12/1/11 violations the defendant could have been revoked for any violation–so CRV, even if improper, was better (from the defendant’s perspective) than what could have happened.

By: Mark

Mark — Sun, 30 Sep 2012 13:02:17 +0000

Can someone please tell me the course of action if a person that does NOT qualify for CRV but is sentenced to it anyway?

(Convicted before and violated probation BEFORE the new law)

By: Brittany

Brittany — Mon, 09 Jul 2012 07:28:03 +0000

My boyfriend, on December 26, 2011, was arrested for ‘absconding’ in which was completely false because the day the charge was filed, he was in his probation officer’s office but had to leave on account of work even though she was in a meeting. She saw him in her office that day but submitted the charge that evening. He had called her office back in efforts to set up another appointment and she never returned his phone call (this was in November). After his arrest for absconding he had his court date and the judge activated his entire sentencing of 3 years and 7 months for an absconding charge that was inaccurate. Is this unlawful? We have set a motion for appeal and are waiting for a court date but do we have a chance at fighting this, does this law pertain to any of that?

By: Jamie Markham

Jamie Markham — Thu, 27 Oct 2011 17:53:37 +0000

I think the court will need to parse out the violation dates and treat the pre-December 1 violations under the old law and the post-December 1 violations under the new law.

By: Scott Boyles

Scott Boyles — Thu, 27 Oct 2011 17:41:43 +0000

What about violation reports in which violations span before and after December 1, 2011? Does the court act under old law or new law?