Recent changes to North Carolina’s post-conviction laws change the authority of the judge to handle probationers who violate the terms of their probation.

For all probation violations on or after December 1, 2011, the judge may only revoke for a new criminal offense or for absconding. The practice in many parts of the state is that a judge will not revoke on a new pending criminal matter, although in Wake County sometimes the probation office will sometimes file violations even where the new criminal offense has not resulted in a conviction.

For other violations, a court may order contempt, modification, or confinement in response to violation (CRV). A CRV for felony probation is 90 days and for misdemeanor probation is up to 90 days. If the remaining sentence in a felony is less than 90 days, then the Defendant will serve the entire remaining sentence. It’s unclear whether the same rule applies for misdemeanors.

The CRV is also called a “dunk”.

Any time served on the CRV is credited against the active time available.

Note sex offenders are treated differently. Any type of violation is grounds for possible revocation is a sex offender case.

Damon Chetson - 1008 posts

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.