At Garrett, Walker & Aycoth, we pride ourselves on our zealous advocacy when it comes to both Misdemeanor and Felony Probation Violations. Anyone sentenced to Probation is given a number of Conditions which they must comply with, and a Willful Failure to do so will result in a Violation of Probation. District and Superior Court Judges have a number of options as to what to do with the violations, they can do nothing and keep the conditions the same, they can give a Split Sentence, Place on House Arrest, hand out a Confinement in Response to Violation of Probation (CRV), Terminate Probation or Revoke Probation. Probation cases are vitally important to our firm because we realize just how much is at stake with each of these cases, hence the reason for this Probation Violation framework. A Probation Violation typically begins with a Probation Officer filing a Violation Report (DCC-10) with the clerk. NCGS 15A-1345(e) is clear that the Probation Officer must give the Probationer “Notice of the Hearing and its Purpose, including a statement of Violations alleged…at least 24 Hours before the Hearing,” unless the Probationer Waives their right to Notice. The DCC-10 Form serves as the required Notice to the Probationer, and Probation should ONLY be Revoked based on the Violations alleged in the Violation Report. State v. Cunningham, 63 NC App. 470 (1983).
A Probation Officer or Law Enforcement Officer may Arrest a Probationer for Violating a Condition of Probation, upon a Valid Order for Arrest or upon Written Request from the Probation Officer, with a Violation Report. NCGS 15A-1345A. Probation Officers may arrest Probationers without a Written Order or Motion when they have PROBABLE CAUSE to Believe a Violation of Probation has occurred. State v. Waller, 37 NC APP 133 (1978).Upon Arrest, a Probationer arrested for a Violation of Probation must be taken before a judicial official to have conditions of release set WITHOUT UNNECESSARY DELAY. NCGS 15A-1345(b). The Judicial Official must also make a determination as to whether the Probationer has committed a prior Sex Crime and whether or not the Probationer poses a Danger to the Public. If the Judicial Official finds that the Probationer poses a Danger to the Public, the Probationer MUST be given NO BOND. The Probationer found to be a Danger will be denied Release until their Probation Violation Hearing. If the Probationer has Not Committed a Prior Sex Offense and the Judicial Official finds that they DO NOT POSE A DANGER TO THE PUBLIC, then Bond is set as usual.
Our Lawyers Handle Probation Violation Hearings in Greensboro, High Point & Asheboro.One of the first things we look at when it comes to a Probation Violation is the Date the Probation Violation was filed. If the Violation was filed within the Period of Probation the Courts have Jurisdiction to hear the case. However, if the Probation Violation was filed after the Period of Probation Expired, the court may not have Jurisdiction to hear the case, and the Probation Violation should therefore be Dismissed. State v. Camp 229 NC 524 (1980). Only in certain situations may a Probation Violation be heard after the Period of Probation has expired:
- The Probation Violation was filed before the Period of Probation Expired,
- The court finds that the Probationer violated Probation before the Expiration of Probation, AND
- With GOOD CAUSE SHOWN, the Court finds that the Probation should be Extended, Modified, or Revoked.
One of the Issues we run into regularly with Probation Violations is this issue of Tolling. Most feel that once their Original Period of Probation has expired, they’re finished with Probation. Tolling means that if a Probationer receives a NEW CHARGE, the Clock Stops when it comes to their Probation Sentence. What this means is that a Probationer on Probation for 36 Months, set to get off of Probation next month, but picks up a new charge, their Probation clock stops until that charge is resolved and their Probation will not end in the next month.This law was altered in December of 2011 with the Justice Reinvestment Act. For Probationers placed on Probation on or after December 1, 2011, Tolling no longer exists. However, for those placed on Probation BEFORE December 1, 2011, Tolling still applies to their cases. The only charges which do not TOLL Probation are Class 3 Misdemeanors. If a PROBATION case is TOLLED for a new charge, and the Probationer ends up being Acquitted or the charge ends up being Dismissed, the Probationer will be given credit back toward his Probation for the Tolled Period.
Criminal Defense Lawyer Posts
Can A Greensboro Traffic Attorney Help You With A Seat Belt Violation?February 21, 2018
Can a Greensboro traffic attorney help you with a seat belt violation? Yes, a Greensboro traffic attorney can! Court costs and fines are rising quickly in North Carolina, and seat ...
Is It Necessary To Contact A Guilford County Criminal Defense Attorney To Explore Defense Options?February 20, 2018
Is it necessary to contact a Guilford County criminal defense attorney to explore defense options? Yes! There are several kinds of defenses that may or may not help you with ...
Can Greensboro DWI Lawyers Help Your DWIs?February 16, 2018
Yes, Greensboro DWI Lawyers can help you with your DWIs! Are you searching for a Greensboro DWI attorneys attorney who cares about the outcome of your case and has substantial experience ...
Can A Greensboro Defense Attorney Help You With A Texting While Driving Ticket?February 12, 2018
Can A Greensboro Defense Attorney Help You With A Texting While Driving Ticket? Can a Greensboro defense attorney help you with a texting while driving ticket? Yes! Today, technology develops ...