probation violations

New Probation CRV Centers Open

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 of Adult Correction’s new CRV Center in Robeson County. CRV_cake1I’m glad I made the trip down to Lumberton—not just because of the cake (which turned out to be pretty good), but also because of what I learned about DAC’s vision for its new form of confinement for probation violators. Today’s post is intended to pass some of that information along to the judges and prosecutors who will send probationers to the CRV centers, and to the defense lawyers who will advise their clients about what to expect there.

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Hearsay at Probation Violation Hearings

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 light on the persistent question of whether a pending criminal charge may be considered as a violation of probation. In State v. Murchison, the defendant … Read more

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 violation of that condition? Or must there be a conviction for that offense before it may be considered? I talk about that issue at length … Read more

Waiving a Probation Violation Hearing

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 a result of legislation passed in 2013, the answer to that question matters more than it used to for probation violations in district court. Ordinarily, … Read more

Addenda to Probation Violation Reports

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 start with this important point: there is no such thing as an addendum as a matter of statute. An addendum is, rather, a creation of … Read more

Probation Violation Hearings after Expiration: The Importance of a File Stamp

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). Under that law, the court may act on the case after it expires if the State filed a violation report with the clerk before expiration. … Read more

Alleging Probation Violations in a Post-JRA World

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 the court of appeals has made me change my answer. The case is State v. Tindall. In it, a woman was ordered to attend a … Read more