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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In north carolina if you are on unsupervised probation how

Customer Question

In north carolina if you are on unsupervised probation how would you be notified of a probation violation hearing would there be a warrant or would you get a letter in the mail? Is unsupervised probation usually revoked for dwlr if you were told not to drive because of a dwi?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

Once you violate your probation, expect an arrest warrant issued against you, and a probation violation hearing to be scheduled very quickly to decide if you did indeed violate your probation.

Yes, if you were told to not drive, especially over a DWI, and you decided to drive, it is valid cause for probation to be revoked.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 4/27/2010 at 8:41 AM EST
Customer: replied 4 years ago.

so theres never a summons sent in the mail?

 

Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

If lucky, you get a summons, rather than an arrest warrant. In your situation I would very strongly recommend that you contact your PO right away so that he can set up a hearing for you and as a subsequence bypass the arrest warrant against you.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 4/27/2010 at 8:49 AM EST
Customer: replied 4 years ago.
Unsupervised Probation, my boyfriend has no PO.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up. My apologies, I read the question as "supervised probation" and as such my answer will now slightly change.

Under NC law, if your boyfriend did violate his probation, he will get a letter in the mail within 10 days of the violation scheduling a hearing with the judge--there will not be an arrest warrant set out against him.

This is the NC code that governs:

§ 15A-1344


...

(b1) Service of Notice of Hearing on Violation of Unsupervised Probation.

(1) Notice of a hearing in response to a violation of unsupervised probation shall be given either by personal delivery to the person to be notified or by depositing the notice in the United States mail in an envelope with postage prepaid, addressed to the person at the last known address available to the preparer of the notice and reasonably believed to provide actual notice to the offender. The notice shall be mailed at least 10 days prior to any hearing and shall state the nature of the violation.

(2) If notice is given by depositing the notice in the United States mail, pursuant to subdivision (1) of this subsection, and the defendant does not appear at the hearing, the court may do either of the following:

a. Terminate the probation and enter appropriate orders for the enforcement of any outstanding monetary obligations as otherwise provided by law.

b. Provide for other notice to the person as authorized by this Chapter for further proceedings and action authorized by Article 82 of Chapter 15A of the General Statutes for a violation of a condition of probation.

If the person is present at the hearing, the court may take any further action authorized by Article 82 of Chapter 15A of the General Statutes for a violation of a condition of probation.

...



Edited by Dimitry Alexander Kaplun on 4/27/2010 at 8:59 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37621
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 9 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thanx Ive actually seen this piece of statute before and didnt understand if personal delivery meant by warrant.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

"Personal delivery" is when an agent of the county, such a sheriff, drops off the summons--it does not mean that it is a warrant for an arrest.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 4/27/2010 at 9:12 AM EST
Customer: replied 4 years ago.
I clicked accept did you get
Customer: replied 4 years ago.

Thanx, for your advice. I clicked accept. Hopefully the transaction went through.

Expert:  Dimitry K., Esq. replied 4 years ago.
I did, thank you very much!

Good luck to you and to your boyfriend!
Customer: replied 4 years ago.
I found out that this statute is for a violation dealing with community service. What about a violation dealing with criminal stuff.
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your patience.

I have reviewed the statutes again, just in case, and this is the only statute on record--it does not solely cover community service violations, but any unsupervised probation violations.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 4/27/2010 at 9:52 PM EST

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