Latest posts tagged with probation on North Carolina Criminal Law Blog

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 […]

For the past few years, the Section of Community Corrections of the Division of Adult Correction has been transitioning to what they call "evidence-based practices," or EBP. The basic idea is to use series of assessment tools to identify which offenders are mostly likely to reoffend and most in need of programming, and then tailor their supervision accordingly. The process involves some terminology that is probably familiar by now to most probation officers, but may be less familiar to judges, lawyers, and defendants. Today’s post provides an overview of the process probation officers use to sort probationers into different supervision levels and an introduction into what those levels mean for probationers as a practical matter.

I wrote previously (here) about the post–Justice Reinvestment rules for determining whether a defendant is eligible for a conditional discharge under G.S. 90-96. Those rules are complicated, but my sense […]

I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]

Under the Justice Reinvestment Act (S.L. 2011-192), for probation violations occurring on or after December 1, 2011, the court may only revoke a person’s probation for a violation of the […]

In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length […]

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 […]

Some criminal defendants just want to serve their time. There a variety of reasons for that. Sometimes they are facing active time for another conviction and hope the new sentence […]

As I mentioned in a prior post, the Justice Reinvestment Act (S.L. 2011-192) creates a new set of “community and intermediate probation conditions” that can be ordered in any Structured […]

When analysts from the Council of State Governments studied North Carolina’s sentencing laws and correctional system, one of their key findings was that revoked probationers account for a lot of […]