North Carolina Criminal Law

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

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

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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

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

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