Waiving a Probation Violation Hearing
Jamie Markham
A probationer is entitled to a hearing on an alleged probation violation, unless the hearing is waived. G.S. 15A-1345(e). What does it mean to waive a probation violation hearing? As […]
April 28, 2014
A probationer is entitled to a hearing on an alleged probation violation, unless the hearing is waived. G.S. 15A-1345(e). What does it mean to waive a probation violation hearing? As […]
Read postApril 22, 2014
I was on spring break last week, which meant I had lots of time for uninterrupted reading while my kids entertained themselves at the pool. Okay, maybe not. Despite being […]
Read postApril 8, 2014
Today’s post covers some of the nuts and bolts of electronic house arrest (EHA). EHA is fairly self-explanatory: in lieu of traditional incarceration, a person is confined to his or […]
Read postMarch 26, 2014
Or is it addendums? Take your pick. Regardless, today’s post covers some of the issues that arise when a probation officer files an addendum to a probation violation report. I’ll […]
Read postMarch 18, 2014
When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, […]
Read postMarch 12, 2014
As I’ve noted in prior posts, some people just want to serve their time in prison. For one reason or another, they do not want to be on probation. For […]
Read postMarch 5, 2014
Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]
Read postFebruary 27, 2014
A defendant’s prior North Carolina juvenile adjudications never count for sentencing points. That is true for felonies and misdemeanors alike. The definition of a “prior conviction” in Structured Sentencing (G.S. […]
Read postFebruary 17, 2014
Today’s post is about a recurrent question related to jail credit for periods of confinement in response to violation (CRV). First, a 30-second refresher on the basics of CRV. When […]
Read postFebruary 4, 2014
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on […]
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