Another Visit to DART Cherry

Last week Shea led a North Carolina Judicial College class on DWI Procedures for Judges and Magistrates. One day of the program included a field trip to DART Cherry in Goldsboro, North Carolina’s substance abuse treatment program for male probationers. The group was kind enough to let me tag along. Today’s post gives a short trip report and addresses some frequently asked questions related to DART Cherry.

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Absconding from Probation: Supreme Court Affirms Krider

In State v. Krider, __ N.C. App. __, 810 S.E.2d 828 (2018) (discussed here), a divided court of appeals vacated the defendant’s probation revocation based on absconding. Last week, the supreme court affirmed the court of appeals. Today’s post considers what Krider tells us about absconding—and what constitutes sufficient proof of any probation violation.

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All the Conditional Discharges

A conditional discharge allows a defendant who pleads guilty or is found guilty to be placed on probation without entry of judgment. If the defendant succeeds on probation, the court dismisses the conviction. If the defendant fails, the court enters judgment and sentences the defendant. Not long ago, G.S. 90-96 was pretty much the only conditional discharge game in town. Nowadays, there are lots of different conditional discharges. Today’s post collects them all in one place.

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