Can I be revoked while on probation? If so, how much time will I serve?

My son was in court for a probation violation. I thought at most he would get a 90 day confinement in response to violation (CRV) in North Carolina. I was told that under N.C.G.S. 15A-1344 he could only receive a 90 day CRV. Instead, the judge violated him and gave him the whole two years with no credit for his time served.

Since 2011, a judge may only revoke probation entirely – meaning, send the person to jail for the unserved sentence – if the probationer absconded, was convicted of a new crime, or was found in violation of probation for the third time.

A person whose probation is revoked should get any credit for any time he actually served in custody prior to being placed on probation or while awaiting the probation violation hearing while in custody.

The judge can also modify the sentence upon revocation to shorten the sentence, but can’t shorten the sentence below the bottom of the mitigated range in that sentencing block.

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Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.