5/8/2023 0 Comments Monies in a sentenceabsconding or committing a new crime greater than a class 3 misdemeanor), or when you have already served 2 or more CRV’s. This is only available when the judge finds that you have committed a substantive violation (i.e. Finally, the judge may choose to revoke your probation entirely.This is also known as a ‘special condition of probation’ and is where the judge can order you go to jail for a short period of time and then continue your probation once released. The judge may choose to modify your sentence and add a split sentence.It is important to know that CRV’s are not available in all cases. ![]() The judge may also sentence you to a terminal CRV which is where you will do the same time in jail as a normal CRV but your probation is terminated upon its completion. This is where the judge can order you to go to jail for much longer than a quick dip, but for a shorter period than the remaining active term on your case. The judge may sentence you to a CRV, or confinement in response to violation.The court may choose to sentence you to a “quick-dip” this is where the judge will require you to go spend a few days, usually 2 or 3 days, in jail.However, in the court’s records it will always show as terminated unsuccessfully and the court may choose to transition any money you owe to a civil judgment. The judge may terminate the probation unsuccessfully which ends your probation.Once a probation violation hearing is held and you are found to be in willful violation of your probation, the judge has several options to choose from. The court can also find absconding if the probationer never checked into probation and never submitted themselves to supervision after their conviction. Leaving the state however, is not the only form of absconding. The most common form of absconding is seen when the probationer leaves the jurisdiction and does not have permission to do so from their probation officer or the court. Absconding simply means willfully evading the probation supervision. Absconding is a much more complex probation violation. First, as stated above, a new conviction must be of a class 2 misdemeanor or higher in order to be a substantive violation, otherwise it is a technical violation. There are two main substantive violations in North Carolina absconding and having a new conviction. Substantive violations are the most serious type of probation violations. Infractions do not count as probation violations, and anything greater than class three misdemeanors are substantive violations. It is important to note that only class three misdemeanor convictions are counted as technical violations. These often include failure to pay monies, failure to complete community service or some other court ordered activity, or a conviction of a class three misdemeanor. ![]() Technical violations are the less serious probation violations. In North Carolina there are two types of probation violations, technical and substantive, and while each carry with it a recommended range of punishments, the options for a judge in a probation violation setting has many more options than they would have in a criminal setting. Regardless of the type of probation you have been sentenced to, the punishments for violating the terms of probation are the same. In short form, unsupervised probation simply requires not getting in trouble during the term of probation. Usually the conditions are limited to monies owed and not committing any new crimes. Unsupervised probation does not involve a supervising officer and often carries far less conditions to comply with.There is a supervising officer that you are required to check in with, along with several other conditions that the court imposes (such as not being able to leave the state, having to preform random drug and alcohol screening test, etc.). ![]()
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