Suppose a defendant is convicted of a class I felony and has a prior record level of I. That’s a “C” block on the felony sentencing grid, where only community punishment is authorized. Community punishment can include a range of punishments from a fine only, up to supervised probation, but does not encompass a straight active sentence. The defendant informs the sentencing court that she wants to serve her time in prison. The defendant further explicitly states she will not accept probation and refuses to meet with probation, missing several opportunities to begin the intake process. What options does the trial court have?
probation
Two More Absconding Revocations Overturned
It seems to be getting harder, not easier, to say what it means to abscond from probation.
Substance Abuse Treatment Isn’t Medical or Psychiatric Treatment for Probation Purposes
A special purpose extension of probation is permitted only for certain specified purposes. According to a case decided earlier this week, substance abuse treatment isn’t one of them.
Alleging a Probation Violation
A probation violation need not be alleged with the technical precision of an indictment, but there are still some rules about the right way to prepare a probation violation report.
A Change to Probation’s Policy on Ordinary Extensions
If you’ve noticed an uptick in probation hearings on extensions, today’s post may help explain why. As of last month, Community Corrections will no longer seek ordinary extensions of probation without notice and a hearing. In other words, they will no longer seek “in chambers” extension orders, even when the defendant consents to them.
Anticipatory Bonds for Probation Violations
“Arrest on first positive drug screen. $50,000 secured bond.”
“Hold without bond for any probation violation.”
May a judge sentencing a defendant to probation include instructions such as these in the judgment suspending sentence?
Not All Warrantless Searches of Probationers Are “Directly Related” to Probation Supervision
Since 2009, all North Carolina probationers are subject to a regular condition of probation allowing warrantless searches of their person, vehicle, and premises by a probation officer. Under legislation passed that year, those searches must be for purposes “directly related to the probation supervision.” G.S. 15A-1343(b)(13). How related to probation must a search be to be “directly related”? A recent case sheds some light.
All the Probation Response Options
I can’t be the only one who has a tough time keeping track of what sanctions are permissible in response to different types of probation violations in different types of cases. It’s the kind of thing that requires a chart. And you know I love a chart.
North Carolina’s Warrantless Search Conditions
In North Carolina, probationers, post-release supervisees, and parolees are subject to warrantless searches—sometimes by a probation-parole officer, sometimes by law enforcement officers. The statutory conditions that apply to each type of offender and officer are not identical. Today’s post collects them all in one place. Before getting into any of the complicated issues about the constitutionality of a warrantless search of a supervised offender, a sensible starting point is a careful look at the language of the search condition itself.
Probation Supervision, Behind the Scenes
What’s a structured intervention worksheet? What’s a Carey Guide? And what do judges and lawyers need to know about those things to interface with Probation effectively?