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BAIL BOND & PRE-TRIAL RELEASE in North Carolina - PROBATION VIOLATIONS

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.

Probation violations.

Generally, defendants charged with probation violations have the same right as other noncapital defendants to have conditions of release set pending a violation hearing.

See

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.

See

G.S. 15A-1345(c).

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.

See infra

§ 1.4C., E., F.

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