Almost ten years after the Justice Reinvestment Act established a new statutory definition of absconding from probation, we’re starting to get a better sense of what behavior does and does not rise to the level of absconding.
A string of recent cases have shown what absconding isn’t. A case from the court of appeals this week gives us an example of what absconding is.
In State v. Krider, __ N.C. App. __, 810 S.E.2d 828 (2018) (discussed here), a divided court of appeals vacated the defendant’s probation revocation based on absconding. Last week, the supreme court affirmed the court of appeals. Today’s post considers what Krider tells us about absconding—and what constitutes sufficient proof of any probation violation.
It seems to be getting harder, not easier, to say what it means to abscond from probation.
A recent appellate case sheds additional light on what it means to abscond from probation.
The penultimate episode of the inaugural season of Beyond the Bench is now available! The first half of the episode was produced by Shea, and explores the penalties associated with impaired driving and their effectiveness at addressing the problem. The second half involves me interviewing Jamie about the concept of absconding from probation. We talk about … Read more
Two new cases from the court of appeals, both involving defendants named Johnson, shed more light on the meaning of “absconding” from probation.
Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The Justice Reinvestment Act said probationers who “abscond” under G.S. 15A-1343(b)(3a) after December 1, 2011 may have their probation revoked. But the absconding condition in G.S. … Read more
In 2012, a person on supervised probation for an offense that occurred before December 1, 2011 moves to another state without permission. Months later he is arrested there and brought back to North Carolina for a violation hearing. May he be revoked for absconding? I don’t think so. This post discusses why. Effective for offenses … Read more