Articles related to probation - Page 6 of 17

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?

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.

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.

A legislative session wouldn’t be complete without a new jail credit rule for confinement in response to violation (CRV).

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.

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?

Today’s post gives my best answers to a few frequently asked questions about appeals of probation violation hearings.

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.

Probation that includes incarceration is “special probation.” But it’s still probation.

Can a probationer be revoked for a violation of the “commit no criminal offense” probation condition if the violation report alleges only that the person has been charged with a crime?