A Case of Actual 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.
September 26, 2018
Absconding from Probation: Supreme Court Affirms Krider
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 […]
March 2, 2018
Two More Absconding Revocations Overturned
It seems to be getting harder, not easier, to say what it means to abscond from probation.
February 9, 2018
Substance Abuse Treatment Isn’t Medical or Psychiatric Treatment for Probation Purposes
A special purpose extension of probation is permitted only for certain specified purposes. According to a case decided earlier this week, substance abuse treatment isn’t one of them.
December 15, 2017
Adequate Notice of a Probation Violation: State v. Moore
When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme […]
October 4, 2017
The Prior Probation Violation Aggravating Factor
One of the statutory aggravating factors for felony sentencing is that the defendant has, during the 10-year period prior to the commission of the offense now being sentenced, been found […]
September 15, 2017
Alleging a Probation Violation
A probation violation need not be alleged with the technical precision of an indictment, but there are still some rules about the right way to prepare a probation violation report.
August 25, 2017
An Update on Absconding
A recent appellate case sheds additional light on what it means to abscond from probation.
July 6, 2017
Anticipatory Bonds for Probation Violations
“Arrest on first positive drug screen. $50,000 secured bond.” “Hold without bond for any probation violation.” May a judge sentencing a defendant to probation include instructions such as these in […]
March 9, 2017
All the Probation Response Options
I can’t be the only one who has a tough time keeping track of what sanctions are permissible in response to different types of probation violations in different types of […]
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