May 13, 2015
Committing a new criminal offense while on probation is a violation of probation. Nowadays it’s one of the only things for which a person may be revoked. Sometimes the parties […]
January 15, 2015
Have you ever eaten cake decorated with the name of a prison facility? I hadn’t until a few weeks ago, when I attended the ribbon cutting ceremony for the Division […]
January 8, 2015
Last year, I wrote this post asking whether the probation tolling law in former G.S. 15A-1344(d) survived a 2009 statutory change. In State v. Sitosky, decided on the last day […]
October 23, 2014
Sometimes a good defense to an alleged probation violation is not about the violation itself, but rather about the underlying conviction or sentence.
June 18, 2014
A recent case from the Supreme Court of North Carolina appears to have relaxed the limits on the use of hearsay at a probation violation hearing. The case also sheds […]
May 12, 2014
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 […]
April 28, 2014
A probationer is entitled to a hearing on an alleged probation violation, unless the hearing is waived. G.S. 15A-1345(e). What does it mean to waive a probation violation hearing? As […]
March 26, 2014
Or is it addendums? Take your pick. Regardless, today’s post covers some of the issues that arise when a probation officer files an addendum to a probation violation report. I’ll […]
November 13, 2013
In general, a court only has jurisdiction to act on a probation case until the period of probation expires. There is a limited exception to that rule in G.S. 15A-1344(f). […]
May 16, 2013
How specific does a probation violation report need to be about which condition the probationer allegedly violated? Until last week, I would have said “not very.” A new case from […]