Improper Periods of Probation
I haven’t done any sort of official tally, but I think the most common sentencing error in North Carolina might be sentencing the defendant to an improper period of probation. […]
December 17, 2009
Drug Testing of Probationers as a Warrantless Search
The principal probation reform bill (S.L. 2009-372 [S 920], summarized here) went into effect on December 1. Since then, I’ve received a number of questions about it, many of them […]
December 1, 2009
Probation Officer Liability and the Public Duty Doctrine
A recent court of appeals case, Blaylock v. N.C. Department of Correction-Division of Community Corrections, has spurred to write about something I’ve been meaning to write about for a while: […]
October 29, 2009
Waiving Probation Supervision Fees
Under G.S. 15A-1343(c1), defendants placed on supervised probation must pay a monthly supervision fee of $30, unless exempted by the court. That exemption may only be granted for good cause […]
October 23, 2009
Electing to Serve a Sentence
Suppose a defendant is convicted of a crime and the judge wants to (or, in a “C” or “C/I” cell in the sentencing grid, has to) suspend the sentence. Can […]
October 16, 2009
Does Mandatory AA/NA Violate the First Amendment?
The First Amendment says, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . . .” There are two […]
September 30, 2009
Extending Probation
How long can a defendant be on probation for a single conviction? A. Five years. B. Eight years. C. It depends. The best answer is C. A judge can sentence […]
September 23, 2009
Notice, Drinking, and Intensive Probation
Back in July the court of appeals decided State v. Hubbard, a probation revocation case that I mentioned in passing but never really discussed in depth. In Hubbard the defendant’s […]
August 13, 2009
Absconding from Probation
What does it mean to “abscond” from probation supervision? “Absconder” is not defined statutorily; rather, it is defined in Division of Community Corrections (DCC) policy as “an offender who is […]
August 7, 2009
Summary of Probation Reform Bill
The General Assembly has passed several interesting pieces of legislation recently, but none are more consequential than S 920, the probation reform bill signed by Governor Perdue last week. I […]
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