blank

State v. McCaster and the Recalcitrant Probationer

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?

Read more

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.

Read more

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.

Read more

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.

Read more