probation violations

Hearsay at Probation Violation Hearings

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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

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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

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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

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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

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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

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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

The Absconding Donut Hole

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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

Is Being Homeless a Probation Violation?

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A probation violation must be willful. In this prior post I wrote about the burden-shifting process in which the State must prove to the court’s reasonable satisfaction that a violation has occurred, and then the defendant has an opportunity to show that the failure to comply was not willful. The issue often arises in the … Read more