“Revoking” Deferral Probation
Do the Justice Reinvestment Act’s limitations on a judge’s authority to revoke probation apply in deferred prosecution and conditional discharge cases? Defendants can be placed on probation as part of […]
October 1, 2015
Revoked, but Still on Probation?
I was surprised by one of the provisions included in the omnibus criminal law bill, S.L. 2015-247, that Jeff summarized yesterday. The act amended G.S. 15A-1347 to say that when […]
December 9, 2014
The Right to Be Present at Sentencing
A North Carolina defendant has a common law right to be personally present when a criminal sentence is pronounced. That right is separate from the constitutional right to be present […]
May 12, 2014
No Revocation Solely for Conviction of a Class 3 Misdemeanor
When I talk about the “commit no criminal offense” probation condition, it’s almost always about one particular issue. May a pending charge (or even uncharged conduct) be considered as a […]
September 5, 2012
The Absconding Donut Hole
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 […]
February 8, 2012
FAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
March 17, 2011
Confrontation at Probation Violation Hearings
Under G.S. 15A-1345(e), a probationer is entitled at a probation violation hearing to “confront and cross-examine adverse witnesses unless the court finds good cause for not allowing confrontation.” What does […]
March 2, 2011
Class H and I Felonies in District Court
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law […]
February 15, 2011
Revocation-Proof Convictions
According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before […]
December 1, 2010
The Exclusionary Rule and Probation Hearings
North Carolina’s appellate courts have long said that a proceeding to revoke probation is not a criminal prosecution or a formal trial. Instead, probation hearings are generally regarded as informal […]
Subscribe
Categories
Blog Authors
- Maggie Bailey
- Brittany Bromell
- Emily Coward
- Alexander Cowell
- Melanie Crenshaw
- Michael Crowell
- Shea Denning
- Sara DePasquale
- Phil Dixon
- James Drennan
- Belal Elrahal
- Whitney Fairbanks
- Bob Farb
- Rebecca Fisher-Gabbard
- Jacquelyn Greene
- Timothy Heinle
- Jonathan Holbrook
- Joseph L. Hyde
- Kirsten Leloudis
- Caitlin Little
- Ian Mance
- Jamie Markham
- Chris McLaughlin
- Kristi Nickodem
- Alex Phipps
- M. Jeanette Pitts
- LaToya Powell
- Ethan Rex
- John Rubin
- Jessica Smith
- Meredith Smith
- Daniel Spiegel
- Tom Thornburg
- Hannah Turner
- Christopher Tyner
- Jeffrey Welty