AOC-CR-607 — Motion to Revoke Probation (Violation Report)

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

Defendant Name *

Case Number *

County *

Probation Officer Name *

PO Agency

PO Phone

03CURRENT PROBATION PERIOD

Probation Start Date *

Probation End Date *

Prior CRV(s) Imposed in This Case?

Number of Prior CRVs (if yes)

04ALLEGED VIOLATIONS

05COMPLIANCE STATUS — OTHER CONDITIONS

Current Compliance on Non-Violated Conditions

State's Position

06OFFICER'S RECOMMENDATION & RELIEF REQUESTED

Officer's Recommendation

Relief Requested / Additional Notes

SELECTED COUNTY

— Select above —

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Violation hearing is less formal than a criminal trial — the standard of proof is preponderance of the evidence (more likely than not), not beyond a reasonable doubt
Defendant has the right to counsel, the right to present evidence, and the right to confront and cross-examine witnesses
Judge can: (1) revoke and activate the suspended sentence; (2) modify conditions and continue probation; (3) impose a 90-day CRV (Confinement in Response to Violation); or (4) continue probation as-is
New criminal offense while on probation = grounds for full revocation regardless of disposition of the new charge
Two alternatives to full revocation: CRV (90 days confinement, probation continues afterward) or a split sentence (serve a portion of the sentence then return to probation)
Absconding (failure to report plus failure to make whereabouts known) is usually treated as grounds for immediate revocation without CRV option
The defendant must be given notice and a hearing before revocation — waiver of hearing is possible but must be knowing and voluntary

G.S. 15A-1344Modification & revocation

G.S. 15A-1345Violation procedure

G.S. 15A-1344(d2)90-day CRV sanction

G.S. 15A-1346Split sentences

Facing a violation hearing is serious — a revocation can activate a full suspended sentence
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