Sadly, this is our new law here in North Carolina via the Justice Reinvestment Act. Yes, your probation officer can send you to jail for UP TO 90 days (called a 90 day "dip") for a misdemeanor and 90 days for a felony. A positive drug test would be a basis of a probation violation. There would be no requirement of a court hearing. Probation officer can pick you up, take you to jail, and then you are set up with a court date. As you can see, this Act gave probation A LOT of power. Sorry to be the bearer of bad news. You may want to consider hiring a local attorney to assist you in the preparation of the probation violation charge that seems to be around the corner.
Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
First, the Criminal Justice Reinvestment Act does delegate additional authority to the probation officer, but does not permit the officer to unilaterally send the probationer to jail for 90 days for a Confinement in Response to Violation (CRV). That can only be done by the judge.
A PO can use quick dips - a total of 18 days - without going to court. But the PO must give the probationer notice (in writing) of the probationer's right to seek review of any of these modifications by a judge. If you disagree with any modification, talk to a lawyer and seek review by a judge.
As to the other issues - it is true that a new criminal conviction (to something other than a Class 3 misdemeanor) can lead to a full revocation of probation.
You may want to talk to a lawyer about this issue. There's a lot packed into your question.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.
You have already heard from the other attorneys that the PO does have quite a bit of power but I would look at the issue in a different way. If you have been convicted of a new crime, the PO could easily recommend violation and you could be sentenced by the judge to the amount of time suspended. Your PO sounds like she wants to help you. Believe me, the judge is typically not your ally. Go to the rehab knowing that we can always benefit form their advice and be grateful that your PO cares.