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Can I appeal a probation revocation?

Salisbury, NC |

I am going more than likely revoked on the 19th.

Attorney Answers 2

Posted

If your probation is actually revoked then you can file notice of appeal to the superior court for a fresh hearing. However, under current law the court can only revoke your probation if you have either absconded probation or been convicted of new crimes while on probation. If neither of those conditions exist then the court cannot revoke your probation and can at most order a 90 day confinement in response to violation ("CRV"). You cannot appeal a CRV. If your underlying sentence is 90 days or less, then getting a CRV is essentially the same as having your probation revoked, but I am not aware that this changes the inability to appeal.

One more thing to keep in mind: if you can and do note your appeal, the judge may modify the terms of your release (bond) to require you to post a much higher bond pending your appeal, so you may end up in jail anyway even if you have appealed.

No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.

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Posted

I agree with the first answer, but keep one thing in mind. If you receive a CRV, that judgment cannot generally be appealed. A CRV can be appealed if the imposed confinement can be categorized as a revocation sentence. Examples: 120 day sentence suspended, 30 day CRV = no appeal. 120 day suspended sentence, 110 day terminal CRV = generally allowed to appeal.

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