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Order On Violation Of Probation Or On Motion To Modify CR-316 - North Carolina
| Order On Violation Of Probation Or On Motion To Modify Form. This is a North Carolina form and can be used in Criminal Statewide . |
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File No. STATE OF NORTH CAROLINA Co. Of Hearing County Seat of Court In The General Court Of Justice NOTE: (This form is not to be used for structured sentencing offenses.) District Superior Court Division STATE VERSUS Name Of Defendant ORDER ON VIOLATION OF PROBATION Attorney For State Def. Found Def. Waived OR ON MOTION TO MODIFY Not Indigent Attorney AND COMMITMENT ON SPECIAL PROBATION Attorney For Defendant Appointed Retained G.S. 15A-1344, 15A-1345 The defendant was placed on probation pursuant to the following Judgment Suspending Sentence: Date Of Judgment Suspending Sentence Superior CourtName Of County And File No. (County Of Originial Conviction) District Court This matter is before the Court upon: (check one option) 1. review under G.S. 15A-1342(b) or (d). After reasonable notice to the defendant, the Court finds does not find that termination of probation is warranted by the defendants conduct and the ends of justice. 2. a motion to modify the conditions of the defendants probation for good cause without charge of violation. After notice and hearing, or upon the consent of the State and the defendant, the Court finds does not find that good cause has been shown to modify the original Judgment Suspending Sentence. 3. charge(s) of violation. After considering the record contained in the files numbered above, together with the evidence presented by the parties and the statements made on behalf of the State and the defendant, the Court finds that the defendant is charged with having violated specified conditions of the defendants probation as alleged in the Violation Report or Notice Upon due notice or waiver of notice, a hearing was held before the Court and: 1. the defendant admitted or the Court is reasonably satisfied in the exercise of its discretion that the defendant has violated each of the conditions of probation set forth in a. paragraphs in the Violation Report or Notice of Hearing dated . b. the attached sheet. The defendant violated each condition willfully and without valid excuse; and each violation occurred at a time prior to the expiration or termination of the period of the defendants probation. 2. by the evidence presented, the Court is not reasonably satisfied that the defendant has violated any of the conditions of the defendants probation except those found above, if any. ORDER 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 defendants 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 defendants probation is terminated. 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 . SPECIAL PROBATION/ACTIVE SENTENCE As a condition of special probation, the defendant shall serve an active term of days months in the custody of the N.C. DOC. Sheriff of this County. submit to IMPACT imprisonment per attached AOC-CR-302, Page Two. pay jail work release recommended. (NOTE: This term shall NOT be reduced by jail or treatment time, good time, gain time or parole.) The defendant shall reportDay Date Hour AM and shall Day Date Hour AM in a sober condition to remain in begin serving this term on: PM custody until: PM The defendant shall again report in a sober condition to continue serving this term on the same day of the week for the next consecutive weeks, and shall remain in custody during the same hours each week. MODIFIED MONETARY CONDITIONS The "Monetary Conditions" in the Judgment Suspending Sentence are modified to read as follows: Pay to Clerk of Superior Court $ on or before . the "Modified Amount Due" shown below, plus the monthly probation supervision fee set by law pursuant to a schedule determined by the probation officer at the rate of $ per , beginning on and continuing on the same day of each thereafter until paid in full. Other: Balance On Original Obligation* Arrearage On Probation Fee Attorney Fee This Proceeding Modified Amount Due $ $ $ $ *Equals "Total Amount Due" as shown on original Judgment, less all payments made to date, and adjusted to reflect any modifications on Side AOC-CR-316, Rev. 9/02 Material opposite unmarked squares is to be disregarded as surplusage. 2002 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2 OTHER MODIFICATIONS OF PROBATION 1. The defendants term of probation is extended for a period of , from to . 2. The defendants assignment to the Intensive Probation Supervision Program 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 following additional special conditions of probation which the Court finds are reasonably related to the defendants rehabilitation: complete hours of community service during the first days of probation, as directed by the community service coordinator, and pay the fee prescribed by G.S. 143B-475.1(b). Other: (set out conditions) 7. Comply with the Additional Conditions of Probation which are set forth on AOC-CR-302, Page Two, attached. CONTEMPT NOTE: This Contempt section applies to a defendant sentenced on or after May 1, 1994. [G.S. 5A-11(a)(9a) and 15A-1344.] Upon due notice or waiver of notice, a hearing was held before the Court and the defendant is found guilty of contempt beyond a reasonable doubt. It is ORDERED that the defendant for willful contempt: a. be imprisoned for days in the custody of the sheriff. b. pay a fine of . c. Other: AWARD OF FEE TO COUNSEL FOR DEFENDANT A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded the defendants appointed counsel or assigned public defender in this proceeding. ORDER OF COMMITMENT/APPEAL ENTRIES 1. It is ORDERED that the Clerk deliver two certified copies of this Order and Commitment to the sheriff or o
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