Willfulness of Probation Violations
Jamie Markham
It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]
September 15, 2011
It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]
Read postAugust 22, 2011
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of […]
Read postJuly 14, 2011
I was at a meeting at the Department of Correction yesterday talking about some of the changes made by the Justice Reinvestment Act (JRA, summarized here). One of the big […]
Read postJune 30, 2011
The Governor signed the Justice Reinvestment Act (S.L. 2011-192 (H 642)) into law last week. It makes substantial changes to the law of sentencing and corrections in North Carolina—easily the […]
Read postMay 31, 2011
I’ve mentioned the big legislative changes pending in HB 642 (the Justice Reinvestment Act, which was discussed in House Appropriations this morning), but I haven’t written about an important criminal […]
Read postApril 19, 2011
The rules for sentencing a defendant to special probation—a split sentence—are set out in G.S. 15A-1351(a). Under that law, the court can order as part of a probationary sentence that […]
Read postMarch 2, 2011
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law […]
Read postFebruary 15, 2011
According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before […]
Read postFebruary 3, 2011
North Carolina’s prisons are crowded now, but they were really crowded in the early 1990s. To keep the system functioning, the state ramped up the rules for sentence reduction credit […]
Read postJanuary 6, 2011
The Department of Correction runs substance abuse treatment programs for probationers and certain parolees: DART-Cherry in Goldsboro for men, and, as of last year, Black Mountain Substance Abuse Treatment Center […]
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