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Criminal Practice – Probation Revocation – Probation Expired – Good Cause

By the time of the hearing on the probation violations defendant committed during the term of probation, his probation term had expired. The trial court expressly stated, “Good cause exists for the revocation of probation, given the defendant committed new criminal conduct while on probation.” The trial court thus satisfied the requirement of G.S. § ...
Toby Hampson Jason Christopher Yoder Lee County Superior Court Charles Gilchrist Lawyers Weekly Lee County Superior Court Charles Gilchrist

Criminal Practice – Probation Revocation – Past Expiration – No Good Cause Finding

Defendant’s probation expired 700 days prior to the probation revocation hearing, and the trial court made no finding of good cause to revoke defendant’s probation after expiration of his probationary term. When the trial court fails to make a finding of good cause under G.S. § 15A-1344(f)(3), this court may only remand where the record ...
Fred Gore J Jason Christopher Yoder Cheryl Kaminiski Buncombe County Superior Court Alan Thornburg Lawyers Weekly Buncombe County Superior Court

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