Any person, felon or misdemeanant, can be on probation for up to 5 years. In some cases—assuming you did the extension just right—probation could be as long as 8 years. So, there are some pretty old probation cases hanging around. But probation in North Carolina doesn’t look the same as it looked eight years ago. If you read this blog, you know that there have been many changes to North Carolina’s probation law over the past half-decade or so. The proper way to handle a violation hearing varies for the 86,653 people on probation today, depending on the date of their underlying offense, the date they were placed on probation, the date of their alleged violation, and the date of the violation hearing itself. Today’s post pulls a summary of those changes into one place, in the hope that it will help you apply the right law to the particular probationer before the court.
probation
A Trip to DART Cherry
Last week, through a North Carolina Judicial College program, a group of judges, lawyers, and clerks visited DART Cherry, the state’s lone residential chemical dependency treatment facility for male probationers and parolees. It was an informative visit that, frankly, busted some myths about DART Cherry. Today’s post passes along some of what we learned.
Sufficient Evidence of a Probation Violation
Probation violations need not be proven beyond a reasonable doubt. All that’s required is sufficient evidence to “reasonably satisfy” the judge that a violation occurred. What constitutes competent evidence of a probation violation? And how much proof is enough?
New Case on “Commit No Criminal Offense” Probation Violations Involving a Pending Charge
State v. Hancock, decided this week by the court of appeals, sheds new light on violations of the commit no criminal offense probation condition involving a pending charge.
Other 2016 Legislation Related to Probation, Post-Release Supervision, and Parole
Prior posts looked at the new probation condition requiring a waiver of extradition and the new, new rules for jail credit for CRV. Today’s post covers the rest of this year’s most significant legislation related to probation, post-release supervision, and parole.
Another New Rule for CRV Jail Credit
A legislative session wouldn’t be complete without a new jail credit rule for confinement in response to violation (CRV).
New Probation Condition for Felons: Mandatory Waiver of Extradition
In Session Law 2016-77, the General Assembly made some changes the law of probation, post-release supervision, and parole. Though styled as “an act to amend provisions of the Justice Reinvestment Act,” the latest legislation makes some changes that go beyond the 2011 JRA. Today’s post summarizes one of the changes: a new requirement for supervised felony probationers to make a prospective waiver of extradition.
Keeping a Person Under Supervision When There’s No Sentence Left to Suspend
When a person has so much jail credit that he has served his entire sentence of imprisonment, may he nonetheless be sentenced to probation? In other words, may a court sentence someone to probation when there is no sentence left to suspend?
Some FAQ about Probation Violation Appeals
Today’s post gives my best answers to a few frequently asked questions about appeals of probation violation hearings.
What Level of Suspicion Is Required to Arrest for a Probation Violation?
There aren’t very many federal cases about North Carolina probation. When we get one, I’m inclined to write about it. In Jones v. Chandrasuwan, __ F.3d __ (4th Cir. 2016), the Fourth Circuit announced a new rule about the level of suspicion required to arrest a probationer for a suspected probation violation.