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

When analysts from the Council of State Governments studied North Carolina’s sentencing laws and correctional system, one of their key findings was that revoked probationers account for a lot of new entries to prison each year—more than half. The Justice Reinvestment Act (S.L. 2011-192) responds to that finding in several ways, one of which is limiting the amount of a time a probationer can be imprisoned for certain violations of probation.

Under the new law, for probation violations occurring on or after December 1, 2011, the court may not revoke probation for violations of conditions other than the “commit no criminal offense” condition set out in G.S. 15A-1343(b)(1) or the new statutory “absconding” condition set out in G.S. 15A-1343(b)(3a). (The absconding condition is a new regular condition for offenders on probation for offenses that occur on or after December 1, 2011. S.L. 2011-192, sec. 4.(d), as amended by S.L. 2011-412, sec. 2.5.) For other violations, the court may impose a period of “confinement in response to violation” under new G.S. 15A-1344(d2). I’ll refer to that confinement period in this post and in other publications as a “CRV” period (Confinement in Response to Violation). Others have termed it a “dunk.” Whatever you call it, it’s useful to have a terminology that makes clear than confinement under G.S. 15A-1344(d2) is different from other short-term confinement periods, like a “split” (special probation) or a “quick dip” (a short-term confinement option under new G.S. 15A-1343(a1)(3) that I’ll write about in my next post).

For felons, the CRV period is a flat 90 days. For misdemeanants, the CRV period is “up to 90 days.” The law goes on to say, however, that if the time remaining on the defendant’s sentence is 90 days or less, the CRV period “is for the remaining period of the sentence.” Because the vast majority of misdemeanor sentences are 90 days or less, a CRV period for a misdemeanant will almost always use up the defendant’s entire suspended sentence—making it look like a revocation. (There is some argument that the 90-days-or-less remaining caveat only applies to felonies. It uses the term “maximum imposed sentence,” which does not fit perfectly with the  misdemeanor sentencing law.)

A defendant may only receive two CRV periods in a particular probation case. After that, the court can respond to future violations by revoking probation, even if the alleged violation is something other than a new crime or absconding. Conversely, the court is never allowed to impose CRV in response to a new criminal offense or absconding; for those violations, the court can either revoke probation or modify it in all the ways it can under existing law.

To sum up the rules, for probation violations that occur on or after December 1, 2011, the court can revoke probation for violations of the “commit no criminal offense” condition, violations of the new statutory “absconding” condition, and for defendants who have previously received two CRV periods. The court is never required to order CRV; it can always respond with other modifications like a split sentence, electronic house arrest, or a curfew, to name a few. That said, you can probably see that the State and the court may, in some cases, be drawn to CRV in response to early violations to set the table for a future revocation.

CRV confinement is similar to special probation, but it isn’t a split. For instance, it is not subject to the one-fourth rule of G.S. 15A-1351(a) or G.S. 15A-1344(e). Also, there is no clear statutory provision for appealing a CRV period. Under G.S. 15A-1347 and existing case law, there is no right to appeal probation matters other than activation of a sentence or imposition of special probation. State v. Edgerson, 164 N.C. App. 712 (2004) (“Defendant’s sentence was neither activated nor was it modified to ‘special probation.’ Defendant therefore has no right to appeal.” (citations omitted)). Perhaps there is an argument that CRV is an “activation” (or at least a partial activation) of sorts, and so it is appealable under G.S. 15A-1347.

There are some additional rules for CRV confinement. First, if a defendant is detained in advance of a violation hearing at which CRV is ordered, the judge must first credit that confinement time to the CRV period, with any excess time to be applied to a later-activated sentence. In other words, the court may not bank the pre-hearing credit the way it can when it orders a split sentence under G.S. 15A-1351. Second, when a defendant is on probation for multiple offenses, the law requires CRV periods to run concurrently on “all cases related to the violation.” Confinement is to be “immediate unless otherwise specified by the court.” The idea behind those provisions is that CRV periods for multiple cases should not be “stacked” to create a confinement period of longer than 90 days. Finally, the law specifies that CRV periods are served “in the correctional facility where the defendant would have served an active sentence.” I described the new rules for determining a defendant’s proper place of confinement in this prior post.

In every session I’ve taught about these new limitations on a court’s authority to revoke probation, I’ve been asked the same question: What about defendants who want to “invoke” their sentence (or “elect to serve” or whatever you might call it)? Can they still do that after Justice Reinvestment? As discussed here, the statutory provision allowing a probationer to “elect to serve” was repealed in the mid-1990s. A probationer can, however, admit to a violation, and then the court can revoke probation based on that. Under the new law, it seems that admissions will need to be to a new criminal offense or absconding in order to empower the court to revoke.

54 comments on “Confinement in Response to Violations (CRV) and Limits on Probation Revocation Authority

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

  2. 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.

    • 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)

      • 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.

        • What does court ordered confinement mean with class sent mean when she was released

    • My fiance violated probation for not finishing
      community service in due time during his dui probation. He served about 20 days prior to his violation conviction waiting for his court date. He was then sentenced to 120 days incarceration. Is the judge required to give him credit for time served for the 20 days? Is the judge required to give him credit for the initial 90 day dui sentence for this violation, or is that a totally separate and independent sentence?

      • Fyi the 90 day sentence was served for the initial dui offense

  3. 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?

  4. 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

  5. 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!

    • I just read your post my boyfriend was sentenced to 90 days crv how much of that time will he serve l would really appreciate any kind of information. Did he participate in any programs or work to get time reduced is it allowed?

      • How may days did it say???? Thats how may he will be in there.

  6. 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!

    • 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.

  7. I have an upcoming probation violation hearing next week for (1) commit no criminal offense in any jurisdiction (recd new charge) and (2) not to have contact with victim.

    The new charge and probation violations are set on the same date. What should I ecpect? Will the judge automatically revoke my probation due to the new charge?

  8. Hi, I’m on 30 months probation for a felony offense. I’ve completed almost 11 months. I’m on an anckle bracelet and 6 o’clock curfew. Last night I cut my neck and was taken to the hospital around 3 AM. I was released at about 2 o’clock this afternoon. My mother left a text message about what happened and so did my girlfriend. I had drank a small amount of alcohol but was not drunk. My shrink has recently changed my medications and I think that was the reason for the matter. Can my probation officer violate me for this reason? Please write back and tell me what I should be looking forward to. Thank You in advance!

  9. In 2010 was charged with 2 duis,in two different counties,plead guilty to both,getting a combined sentence of 3 years,suspended,w/probation. I’ve done 1 crv,and 6 months other time,equaling 9 months. I was violated for not paying fines. When I got done with CRV, 12 months probation was added,and $1500 a month is expected. I was wondering about how much more time i would be facing,if I wasn’t able to make payments. Since dwi conviction wAS in 2010,wouldn’t my sentence still be cut in half? I don’t know anyone that could pay $1500 a month,and my P.O. won’t answer any questions..Thanks in advance

  10. I have an upcoming probation violation hearing next week for (1) commit no criminal offense in any jurisdiction (recd new charge) and (2) not to have contact with victim.

    The new charge and probation violations are set on the same date. What should I ecpect? Will the judge automatically revoke my probation due to the new charge?

  11. So for someone violating probation and an absconder (who missed a court date) he would simply do no more than 90 days if he turned himself in?

    What about someone that absconds and leaves the state with no intention of returning ?

    • This is my question too. My husband is in jail to do a 90crv, but ran and now has a resisting arrest charge. Just wondering if they will drop that or add time. Btw this 90 days would have completed his suspended sentence. So will they add more probation or drop it???

  12. I just finished my CRV and let me tell you if your in NC plan on being shipped to ODOM CI its a nasty prison filled with rats and roaches. This place is listed at condemed and closed online. this place will break you of violating agian that is for sure

    • I have a question? Were you allowed to have visitors and receive letters?
      My boyfriend is serving a CRV and was moved to GREENE CI . I have not heard from him for 3 weeks….

      • If he has a CRV he will not be able to have visitors because of it only being a 90-day program. He can receive letters, if you know where he is look up the address online, but you will also need his “opus” or ID number to write beside his name on the letter. If you want to talk to him on the phone you can also get what phone service you will need (i.e globaltel or paytel) by calling the prison and asking what telephone service you will need to receive calls from an inmate there. You will then be able to load money on an account for your phone, for him to call, using a debit/credit card and I believe you can use a money order as well.

    • After you completed your 90 days, were you finish with probation? My bf has to do 90 day CRV. Also how long did it take for you to ship out?

  13. Hey everyone,
    I am a bit confused on the “special probation” and “split sentence” when being referenced with felony probation, CRV, etc. From what I read a probationer can be eligible for a CRV so long as the violation WAS NOT in response to committing a new offense or absconding is that correct? It also said the court may not revoke probation and activate the sentence unless a new offense was committed or abounding from probation? Does this mean if a new offense is committed while on probation, the only outcome is revocation and prison? Or are there other options for punishment the judge may use? Does the court have the ability to weigh individual cases, circumstances, mitigating and aggravating factors, and how the individual has complied with his/her probation? When the “split sentence” and “special probation” were mentioned was it pertaining to felony probation violations due to condition 1? Can a sentence other than activation be handed down in these circumstances? Is it possible for the court to impose a split or modified sentence with an extended and/or more restrictive probation, fine, community service, etc ? Or is revocation the only recourse for a condition ! violation? Thank you so very much for taking the time to read this. Any response would be much appreciated!

  14. Hey everyone guick question. If you are on felony probation and get a violation for condition 1 for a new misdemeanor conviction is the only action by the court a revocation and sentenced to prison? Can they issue any other form of punishment? Say for instance a person has done exceptionally well on probation but made a poor decision can they get a second chance? It is a superior court violation I’m referring too. From what I read I’m taking it that a crv isn’t eligible for a condition 1 or absconding violation, does this mean that the court can’t give any other sentence? I’m confused on this so if anyone can reply on this it would be greatly appreciated. Thank you!

  15. I have a question if my fiance`got CRV(90 days) and he was in the county jail they then moved him to Craven CI does his 90 days start once he was at CCI or will he get credit towards CRV for the 2 weeks he was in the county jail?

    • Did he get the credit for the 2 weeks?

  16. hey I got a question about my sentencing as well. I was givin a 18mths intensive probation for a mistomenor simple pos. marijuana as a new charge cuz I was already on a 12mth probation. also for simple pos. marijuana , but I absconded my recent 18mth probation for about a year then got pulled over speeding(ofcourse) and the cop brought me to Sampson county jail to hold me until wake county could come get me. I served a week in Sampson an posted bond soon as I got to wake. they gave me a court date witch I had missed because they spelled my name wrong in the system so when I called they said I didn’t have court? fucked up as hell I kno. but so now I have a warrant again for FTA wich about to turn myself in for. already been like 2mths on this warrant, but my sentence was 45days DOC as they said so I did a week timed served so I have like 38days left but im worried there going to try an pull some BS an give me more time for absconding. is that possible for them to do that? its a simple mestomenor ive never had a felony im typically an all around good kid only reason I didn’t turn myself in the first place is because I was scared to detox off my methadone witch if anyone knos is excruciating pain…. witch to me is a ligitamate reason… idk. but will they jus revoke it an make me do the 38days or can they give me 90? please help! Im going today:/

  17. Can you get a crv or split sentence after absconding or is it revoking the only thing? And the original charge was before Dec. 1 2011 but probation didn’t start till after?

  18. I was on probation with suspended sentence in 2004, misdemeanor DV charges. I took off and went to Georgia, listed as an absconder. I am now back in wake county, what will happen? Is the warrant still active? Will I have to serve my sentence or can the judge dismiss it? I also had DV charges in Georgia following this and in New Jersey.

  19. I’m on Ga state probation (felony) what’s max sentence for non-report.

  20. has the law changed do you now not get time served in a CRV sentence my son had already served 60 days and was not given credit for time served when given the CRV sentence the 90 days started from the date he was moved from county jail to prison.

  21. My fiance was given a 90 days crv he was sent to Robeson crv center okay then he told me he could not receive visits on by immediate family memeber, I am all the family he has but I was told they will give him a free call to call home I don’t have no clue to send him money or Nothing nor how to write him then he spent almost 20 days in the Wilson county jail does that count towards his 90 days crv. Then I have not got his clothing that he had on I need answers I emailed the prison but no response I need help will he very on a curfew again when he gets out not understanding

  22. My Boyfriend was told that his time was activates from a probation violation,he was to serve 150 days.Then 6 days later he was transfered to another county with no release date,Why was that????

  23. Ok I am in probation for two years I have 5 months left and got a probation vialtion and I think it is for absconding then when I got the Cort date I missed it not on purpose I just got the dates mixed up and had a warent tuerned my self in and done 5days in jail bailed out I done one time quick dip and what I want to know is will they deffenitly make me do a 90 day crv I am worried as this is the first time I have ever Ben in trouble and have a family in witch I support is there any thing I can do to get the judge to decide any thing others then jail please help me

  24. I had my sentence activated due to a probation violation caused by new charges that unbeknownst to me, and apparently everyone there, had actually been dismissed a month prior. It took three weeks to obtain a release after informing the head of the prison unit what had occurred. Fighting with SSI now for withholding benefits for overpayment, and it would seem I should have a case for for something even only the public defender who bungled this whole thing.

  25. Hello my name is abigail my husband is currently in jail for parole violation and they found warrenta out for his arrest in texas i really dont know anything about any of this and i need some help on like what kinds of questions to ask our lawyer please and thank you

  26. If your on an ankle monitor only for the charges you received until the case is finished, an the state dismissed the case, but you’ve been paying monitoring fees, if it gets dismissed don’t you get that ankle monitoring money back?

  27. Ok well is it possible for probation to expire? Ill give an example of what i mean say someone on seven years of probation goes on the run and then 30 years later you get arrested would the person still get in trouble for that probation violation even though it would have ended 23 years ago?

  28. My fiance was arrested for violation probation 6 times. Before we met, he told me he was being sent to an Cvr in another part of NC. He was arrested on 2-1-17.He was told he would have to do 90 day at an CVR .Instead of being sent to an CVR he was sent to state prison in Vanceboro.I am trying to underdtand this.

  29. My Husband was abscond for 4 years in a different county in ga, then he was charged with a felony in another county, he was sentenced to 180days and 20years probation.. so now he waiting on the county he’s abscond from to come get him, any idea what My happen? He was on probation in Cobb county but never reported

  30. I am translating a booklet for a CRV program in NC. Can you tell me, what type of infraction makes a person a ‘technical violator’?

  31. […] is one thing judges don’t have time for, it’s people who get arrested while out on parole. Fighting the decision is pretty much useless because the judge has every right to hold the […]

  32. My son was sentenced in NC felony dui a few months ago. He obtained a lawyer, went ahead and on his own had anklet put on. At court he was sentenced to 2 years supervised parole and 6 weekends in jail. Along with court fees etc. he definitely understands the seriousness of his actions. He is married with a 4 year old. He has an excellent job and was told by his PO that if he loses job he goes to jail. Anyway my son has done everything he’s supposed to and goes to work like he should. However his PO is always making his appointments where my son has to leave work an hour or so early. I’m sure the PO can work with him but doesn’t seem to care. My son is in touch with his lawyer. Just wondering what your thoughts are .

    Thank you

  33. I just need to know if you got supervised probation and then get charged for a probation violation and you do your 90 days jail time, does the fees go away? Because did 90 days and now they are bringing me back to court saying I owe $800 in fees for probation. I was told if you do the jail time all that goes away? Please help, Thanks

  34. My fiance had 4 months of parole he had a month and half left when his parole officer he was on the ankle monitor curfew from 6am to 6pm always kept a job never late or missed an apt his brother forgot his gun at the house (the new charge is getting dropped next month) i no the commission has 21 days from the hearing date to have contact with him to inform him this is the 21st day and word yet. Does that mean the parole is dropped

  35. […] for the fee is confinement in response to violation (CRV) under new G.S. 15A-1344(d2), discussed here. It is less clear to me that CRV fits within the language of G.S. 7A-313. Though it can only happen […]

  36. My name is Dale I’m just looking over my wife’s case she was revoked on her probation sentence which was a 2 years sentence in July 20th 2011 now in doing so judge Ray Dayton had give her time back in full and her public defender was incompetent and was not In the clients best interest. No one said or even modifyes her sentencs if she was back before the courts she would be discharged months ago based off the greedy ignorance of monta corrupt system and I mean corrupt i want to take me and my wife out of this famed country and to think my family fought and died in war for us to ha e the freedoms we enjoy now when I see a corporation which the executive legislator and judicial systems the courts and all alike are a said corporation and had she had a good attorney and not a paid public pretender by the state for the state so and was denied a fair trial now the courts cannot enter into a contract with a independent that is common law protected and failed to ask the court to produce the contract or where is their credentials showing they can under claiming delegation of authority now pro we means to proceed on a person proceeds then that is of a contract had my wife just ask the court to produce a delegation of authority showing they have jurisdiction should’ve never got into the court cause in her case there were no injuries to warranty such now she was on to in a prerelease statues age was living with me but had to check in every day and her ua was negative but they told her and scared her into saying it was hot and when my wife asked to see for herself where it shows hot they told her no well I wouldn’t sign for something that I can’t see as burden of
    F proof I was told by the prerelease center to come pick her up which I did after having her in there for 4 hours and she worked 3 jobs and they said she escaped she didn’t escape if anything she was being signed over to probation and parole just waiting on lazy man bud Walsh to get off his syereo typing me and making her life difficult they wouldn’t let her go 30 mile to go see her grandma before she passed away cause they didn’t want her with me we never got In trouble together and I discharged my sentence and they had defamatex my character big time now what should she do and what should I do I’ve had it up to my neck with how doc and the terrorist corporations that follow suit work . 14 th ammendment article 3. sec. 2. I was stereo typed so to a brother that had mental issues and the police are down right dirty even kicked him in the head when he was down suffering a brain annurism he was life flivjted and died 2 days later and they still have a hate I need a federal agent or one who has authority over the butte silverbow just us system I can’t rezt knowing what they did to me and my family it’s a pure hate crime I want to handle this legally and see justice is done I know laws whT they can and can’t do and to grow up being stereo typed picked on cause I had added I was put in corners with since. Cap cause I bad an idea of an invention of a 3 wheeler trike but big that you could even peddle on the ocean and I was laughed at and .Y self esteem living in fear wondering if I was going to get poked in my head with a lead pencils with the tip broken off in my skin I was shaken and thrown by another teacher In a Catholic school. And improperly touched by a brother that they did a class action but I was too ashamed by it also a cop had pulled a gun out and unloaded 6 bullets and put one back in the chamber spun the barrel and pulled the trigger 3 times as he told me to spread my legs I was on ice and I’m not doing so in order to prevent injury to myself. Well he said he gave all my family members a break and I wasn’t getting one . Ieverytims that gun went click I was in fear of my life the police are so crooked I discharged a 10 year sentence which I was a kidnapped victim and the kid that did a burglary while holding me hostage in fear I would leave and rat him out slid my drivers license under the door so I was a hostage he is a cops nephew who never got time as he was the main person yet when I requested Walt Hennessey to go to trial and pill Josh lockette in as I have the right to face or cross examine witnesses or codefendants yet it said that he was wanted and also was to pay restitution but if I would wear a wire they would make the burglary charge disappear and since I told them know I got punished this was an act of coerecement and conspiracy against those that kept pulling me over 15 times in 30 days extorted 1000 each Time over failure to pay do we which I had a recent from the deceased crooked used to be a cop city court judge I need to go get this matter dealt with statue of limitations hope can still pursue I’ve got ptsd over all the bullshit either that or I’ll take matters in my own hands they had started stereotyping on my daughter who hates me cause people wouldn’t let her hang out with other kids cause I was her dad and I’m innocent still after I discharged and they ruined 10 years of my life I lost everything now do that to my daughter
    He’ll I have nothing to loose but yet everything to gain and I can go on how 2 of my cars were basically taken from me by 2 cops one that said he’s not give me a duo I’d I sold him my firebird at his price I just paid 10 thousand dollars and he walked away with it for 1500 in payments of 50 bucks a month my other car was stolen by the police and sold at a sheriff’s auction as it still had a lei I owe I’m that car still this us got to stop or all he’ll is going to break loose the cops pled this shit with Dave batterman shot I’m 4 times and left him for dead well guess what he live but he got harassed now I’m scillian and the cops are mostly Irish and thus it’s still a hate crime help what do I do. I. Looking for right ways but I want justice done I have no fear of them anymore I have lost my daughter I lost my whole life mean while I’m in prison. Away fro. My children and innocent yet their eating stakes and are taking payoffs if you have any one you can refer to me an tonesy by the book federal agent that wi come and I’ll present a case that will make the world’sgeads turn I know the real story of bad boys of butte and I’m going to rewrite the book of sociology . And .Y story weds to be heard put it this way at 5 years old I had blamed myself thinking I was the problem of why my parents fought everynight over alcohol I couldn’t have friends nor play like children a mom’s protection did me great harm of identity crises not to mention I had a 22 rifle with a bullet in the chamber at 5 years old when I pulled the trigger i had no regrets bit it didn’t no firing pin I was mad I truly believe that if I died my parents wouldnt fight no more mom didn’t drink but dad did. I was youngest and always said I’d never be like an alcoholic or like my brother that had the worst case of alcoholism ever seen yet I was labeled by law and society as a bad person yet innevwr did anything wrong even the parole board asked me what are you doing here and the sentence that was imposed was way out there I got paroled right away .but yes good old friendly people in the work my ads they are hippocrits that thinks they don’t sin that they are more perfect than GOD Himself nice good people are in billings Bozeman Missoula come to butte you’ll see what I’m talking about. My email is thanks sorry but I ha e to get this off my shoulder and I’m 200 percent write don’t know what else to do maybe I’ll have to seek my own vengeance plant their fingerprints and set them up for the fall just like they did to me. I had grown up in a prison when I was just a guy trying to figure out how to live my life had a baby just born now it’s all gone and I fine every day every time I look in the mirror

  37. I am inquiring in regards to my husband. Put on probation in August, went to initial appointment and house appointment. He also had to do 2 days when he went in after a week on because of any failed drug test would be 2 days. He told the judge about smoking marijuana and p.o knew too but made him do 2 days without proper time to expel from body. He had a job before probation since April and the p.o would out of no where call and demand he show up with less than hour notice. Off the top he told my husband that he seen he done probation before as a juvenile and he didnt make it then and wont gone make it off this time. He went to the other 2 appointments and back home, work or whatever we had to do. We had some issues with our 9 year old son and had to IVC him in September…which he was just discharged January 4th. He told the p.o about it as well as the house officer…he kept telling my husband he was lying about our son and being at work. He overslept one morning when he was supposed to be at work and the p.o came out…we were still in bed. He jumped up and called job and told him he was supposed to be at work. P.o demanded him to come to his office but he was already late for work. After he got off, it was after hours and we went straight to Chapel Hill (hour and a half away) to see our son which is only at certain times. P.o threatened him with order for arrest with no appointment, and the following week he called and harassed him again. My husband called his office, his cell and even text him when was his next appointment, no response. So he called the head person and she called and told him that if he wasnt in the office Friday December 8th he would be going to jail. We have printed cell phone records showing the calls and text from phone company and p.o never gave him an appointment for 2 of the 3 days he listed on violation report. Officer also didnt include the 1 two day trip he did for drug test. My husband has no new charges and still has his job. Would they possibly lower his bond from the 3 $20,000 bonds when he goes for his firat appearance on January 17th or since he has no new charges and hasnt absconded, will they likely let him out? Mind you he has been in jail since December 8th when he reported like he was instructed to do. The officers that took him in we had nev er seen before and he hasnt been to court at all since arrested in December. We have documents showing our 9 year old has been in hospital since 9/23/2017?

    • Wow, not to be rude , but sounds like you should make it a book then it can be a movie. I believe you. You just have to kiss their asses a little while and get on with your life. You’re
      still here and it seems they didn’t do anything to you for saying their names too. Good luck, I hope everything works out for you.

  38. hi ive done over my minimum sentence i have 12 and half months on a 10 to 21 and im still not paroled or time served and had no type of split sentence how do i go about this now cause they have me on house arrest still after 8 months strait and 2 more years probation they are really affected me to work

  39. Yes i am serving a 12yr suspended on a violent felony and i been out for 5 yrs never violated my probation nothing and i have caught 2 new case i never should of caught cuz they are based a here say. With me being out 5 yrs good no issues never paying my court fees doing everything what are the chances of me being sent back to prison

  40. Here is what has gone on.. A probationer was accused of a new charge. He had served 10 months altogether, and awaiting trial and then was granted an appeal. What he was on probation for was up a year later. Yet still having to do post release for the new charge while awaiting a decision from appeals. They granted him a new trial, yet was later reversed a year and a half later, never receiving his new trial. All the while all required programs he’s completed successfully, has had no further criminal activity and has been clean. … For the probation violation, are there any guidelines for alternative modifications rather than activation of sentence from the old probation? ( He’s looking at 26-36 months if activated from the probation violation)