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?
probation
Probation Pathways in a Justice Reinvestment [as Amended] World
These days, figuring out the permissible ways to respond to a probation violation is easy. All you need to know is the date of the offense for which the person is on probation. And the type of offense (felony, Structured Sentencing misdemeanor, or DWI). And the date the person was placed on probation. And the date of the alleged probation violation. And bear in mind, of course, that the person may be on probation for more than one offense, with different rules applicable to each case. Once you have all that—piece of cake!
More about What Is and Isn’t Absconding
Two new cases from the court of appeals, both involving defendants named Johnson, shed more light on the meaning of “absconding” from probation.
When CRV Is Worse than Revocation
Some felony probationers ordered to serve a period of confinement in response to violation (CRV) wind up spending more time behind bars than they would have if their probation been revoked.
Three-Year Review of Probation
When a probationer has served three years of a probationary period greater than three years, the probation officer is required to bring the case before the court for a mandatory review. The review has one statutory purpose: to give the court an opportunity to terminate probation early.
Revoked, but Still on Probation?
I was surprised by one of the provisions included in the omnibus criminal law bill, S.L. 2015-247, that Jeff summarized yesterday. The act amended G.S. 15A-1347 to say that when a defendant whose probation is revoked in district or superior court appeals that revocation, “probation supervision will continue under the same conditions until the termination date of the supervision period or disposition of the appeal, whichever comes first.” The change was effective immediately when the governor signed it on September 23, and people are already asking what it means. Here are my thoughts.
What Absconding Isn’t
A recent case from the court of appeals helps inform our understanding of what it means to abscond from probation under the statutory absconding condition in G.S. 15A-1343(b)(3a).
Extending Probation After Expiration
If a judge extends a defendant’s probation after probation has already expired, when does the extension begin?
Sitosky Update: The Latest on Probation Tolling
The continued supervision or imprisonment of hundreds of probationers and inmates is in question in light of State v. Sitosky, __ N.C. App. __, 767 S.E.2d 623 (2014), petition for discretionary review denied, __ N.C. __, 768 S.E.2d 847 (2015), and its interpretation of the probation tolling law. This post summarizes some of the latest developments related to the case.