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In north carolina if you are on unsupervised probation how

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would you be notified of...
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: 7 years ago.Category: Criminal Law
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Expert: Dimitry Esquire, Attorney replied 7 years ago
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience: I provide general practice and mediation & arbitration services to my clients.
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.
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Customer reply replied 7 years ago

so theres never a summons sent in the mail?

Expert: Dimitry Esquire, Attorney replied 7 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.
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Customer reply replied 7 years ago
Unsupervised Probation, my boyfriend has no PO.
Expert: Dimitry Esquire, Attorney replied 7 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.

...

Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience: I provide general practice and mediation & arbitration services to my clients.
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Customer reply replied 7 years ago
Thanx Ive actually seen this piece of statute before and didnt understand if personal delivery meant by warrant.
Expert: Dimitry Esquire, Attorney replied 7 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.
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Customer reply replied 7 years ago
I clicked accept did you get
Customer reply replied 7 years ago

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

Expert: Dimitry Esquire, Attorney replied 7 years ago
I did, thank you very much!

Good luck to you and to your boyfriend!
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Customer reply replied 7 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 Esquire, Attorney replied 7 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.
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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41221
Experience: I provide general practice and mediation & arbitration services to my clients.

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