NORTH CAROLINA RECENTLY ADOPTED SUBSTANTIAL MODIFICATIONS TO PROBATION LAW. The contents herein are provided as a reference source PRIOR TO the enactment of the wide-ranging changes to the law.
Please see additional postings here in AVVO.com or within the other Powers Landreth, pllc websites for the updated 2011-2012 PROBATION VIOLATION materials.
Generally, defendants charged with probation violations have the same right as other noncapital defendants to have conditions of release set pending a violation hearing.
G.S. 15A-1345(b); Courts sometimes set a bond to apply in the event the defendant violates a condition of probation. This practice has been questioned by the Court of Appeals and at most constitutes a recommendation should the defendant be arrested for a probation violation.
See State v. Hilbert
, 145 N.C. App. 440 (2001). Following arrest, the court must hold a preliminary hearing (essentially, a probable cause hearing) within seven working days unless a full revocation hearing is first held or the probationer waives the preliminary hearing. If the court fails to hold a timely preliminary hearing, the probationer ordinarily must be released pending the revocation hearing.
In 2009, the General Assembly created exceptions to the usual pretrial release rules in cases in which the defendant is on probation and is charged with a new felony.
§ 1.4C., E., F.