List of posts tagged with probation | North Carolina Criminal Law Blog

I’m happy to announce the availability of a new School of Government publication, Probation Violations in North Carolina.

Can a judge limit a probationer’s right to have children?

A judge can order special probation (a split sentence) at sentencing or in response to a violation of probation. If a judge does both, what is the maximum amount of time the defendant may be incarcerated?

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.

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.

North Carolina has a regular condition of probation requiring abuser treatment for defendants found responsible for acts of domestic violence. Today’s post discusses the condition, and what happens when a defendant violates it.

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.

Do the Justice Reinvestment Act’s limitations on a judge’s authority to revoke probation apply in deferred prosecution and conditional discharge cases? Defendants can be placed on probation as part of […]

There need not be a violation for the court to modify probation.

Knowing when probation begins is generally pretty easy. Figuring out when it ends can be a little trickier.