North Carolina > Statewide > Criminal
Order On Violation Of Probation Or On Motion To Modify (After Dec. 1, 2011) CR-609 - North Carolina
| Order On Violation Of Probation Or On Motion To Modify (After Dec. 1, 2011) Form. This is a North Carolina form and can be used in Criminal Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
STATE OF NORTH CAROLINA County Seat Of Court File No. Co. Of Hearing NOTE: Use this form for all court-ordered modifications of probation, including changes in conditions, confinement in response to violation under G.S. 15A-1344(d2) or contempt under G.S. 5A-11, and all findings/orders resulting from violation hearings when probation is not revoked completely. In The General Court Of Justice District Superior Court Division Name Of Defendant Race STATE VERSUS Sex Date Of Birth ORDER ON VIOLATION OF PROBATION OR ON MOTION TO MODIFY (For All Modifications On Or After Dec. 1, 2011) Defendant's Drivers License No. Attorney For State State G.S. 15A-1344, 15A-1345 Def. Found Not Indigent Def. Waived Attorney Attorney For Defendant Appointed Crt Rptr Initials Retained The defendant was placed on probation pursuant to the following Judgment Suspending Sentence: Date Of Judgment Suspending Sentence Name Of County And File No. (County Of Original Conviction) This matter is before the Court upon: finds does not find that 1. review under G.S. 15A-1342(b) or (d). After reasonable notice to the defendant, the Court termination of probation is warranted by the defendant's conduct and the ends of justice. notice and hearing consent of the State and 2. motion to modify the defendant's probation without charge of violation. Upon the defendant (see signatures on Side Two if modification entered in chambers), the Court finds does not find that good cause has been shown to modify the original Judgment Suspending Sentence. 3. allegation of violation of the conditions of the defendant's probation. Upon due notice of the alleged violation(s) or waiver of such notice, a hearing was held before the Court. After considering the record in the above-captioned case, the evidence presented, and any statements of the State and the defendant, the Court finds that the defendant admitted or that the Court is reasonably satisfied in the exercise of its discretion that: (check all that apply) 1. the defendant violated the condition(s) of probation set forth in in the Violation Report or Notice of a. Paragraph(s) . . in the Violation Report or Notice of Hearing dated b. Paragraph(s) Hearing dated c. the attached sheet. Such violation(s) was willful and without valid excuse and occurred at a time prior to the expiration or termination of the period of the probation. 2. the defendant violated the condition(s) of probation set forth in in the Violation Report or Notice of a. Paragraph(s) , in the Violation Report or Notice of Hearing dated , b. Paragraph(s) Hearing dated is validly excused. c. the attached sheet, but said violation(s) was not willful. 3. the defendant has not violated any of the conditions of the defendant's probation except those found above, if any. 4. the defendant is guilty of contempt beyond a reasonable doubt. It is ORDERED that: 1. the original Judgment is modified as set forth below and, except as specifically so modified, shall remain in full force and effect. 2. the original Judgment is not modified, but remains in full force and effect. 3. the defendant's limited driving privilege is REVOKED; the defendant shall surrender all copies of that privilege to the Clerk of Superior Court for transmittal/notification to the Division of Motor Vehicles. 4. the defendant's probation is terminated. NOTE: When this option is checked, the "Restitution Update Worksheet, Notice And Findings ORDER (Revocation Or Termination Of Probation)," AOC-CR-612, must be completed in every case in which the defendant was ordered, as a condition of probation, to pay restitution in an amount in excess of $250 to a Victims' Rights Act victim. 5. all charges of probation violation in this case, which are not specifically found above, are dismissed. . 6. the disposition of this matter is continued until 7. the defendant for willful contempt: a. be imprisoned for days in the custody of the sheriff. as provided in AOC-CR-609, Page Two, attached. . b. pay a fine of $ . c. Other: 8. (offenses committed on or after October 31, 1998) the defendant's drivers license is revoked whether the defendant is present or not. G.S. 143B-708 (NOTE: Select this option whenever the Court finds a willful violation of a community service condition of probation. If this option is selected, complete AOC-CR-317, Side One, and notify DMV.) The "Monetary Conditions" in the Judgment Suspending Sentence are modified to read as follows: The defendant shall pay to the Clerk of Superior Court the "Modified Amount Due" shown below, plus the probation supervision fee, pursuant to a schedule determined by the probation officer. set out by the court as follows: . Balance/Obligation Due* Arrearage/Probation Fee Atty's Fee This Proceeding Comm Svc Fee EHA Fee SBM Fee Appt Fee/Misc Modified Amount Due MODIFIED MONETARY CONDITIONS $ $ $ $ $ AOC-CR-618. $ Other: $ $ . *Equals "Total Amount Due" as shown on original Judgment, less all payments made to date. The Court finds just cause to waive costs, as ordered on the attached AOC-CR-609, Rev. 12/12 © 2012 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com OTHER MODIFICATIONS OF PROBATION 1. The defendant's term of probation is extended for a period of a. for good cause shown, pursuant to G.S. 15A-1344(d). (NOTE: The total of the original period of probation plus all extensions under G.S. 15A-1344(d) b. with the defendant's consent, pursuant to G.S. 15A-1342(a) or G.S. 15A-1343.2(d). (NOTE: The extension must be for the purpose of allowing the defendant to complete a program of restitution or continue medical or psychiatric treatment ordered as a condition of probation. The extension may be ordered only during the last six months of the original, unextended period of probation and may not exceed three years beyond the original period of probation.) may not exceed five years.) 2. The defendant's assignment to intensive supervision is terminated and the defendant is continued on supervised probation. 3. The defendant is transferred to unsupervised supervised probation. 4. The defendant is allowed until to comply with the following condition(s): . 5. The special conditions of probation identified below, as numbered and set out in the Judgment Suspending Sentence, are modified as follows: (State number of each condition to be modified and set out modification.) 6. The defendant shall also comply with the followi
|
|||||||
