Judgment And Commitment Upon Revoction Of Probation {CR-315} | Pdf Fpdf Doc Docx | North Carolina

 North Carolina /  Statewide /  Criminal /
Judgment And Commitment Upon Revoction Of Probation {CR-315} | Pdf Fpdf Doc Docx | North Carolina

Judgment And Commitment Upon Revoction Of Probation {CR-315}

This is a North Carolina form that can be used for Criminal within Statewide.

Alternate TextLast updated: 4/13/2015

Included Formats to Download
$ 15.99

Description

STATE OF NORTH CAROLINA separate revocation judgment for each sentence which is activated, but one revocation judgment is sufficient where the original sentence was imposed on offenses consolidated for purposes of judgment.) Name Of Defendant Race Attorney For State Sex File No. Co. Of Hearing (NOTE: This form is not to be used for offense(s) occurring on or after October 1, 1994. There must be a County Seat of Court In The General Court Of Justice District Superior Court Division STATE VERSUS DOB JUDGMENT AND COMMITMENT UPON REVOCATION OF PROBATION Pre-FSA Felony (OR ELECTION TO SERVE SENTENCE) Appointed Def. Found Not Indigent Def. Waived Attorney Attorney For Defendant At Revocation Hearing G.S. 15A-1341(c), 15A-1344, 15A-1345 Retained The defendant was placed on probation pursuant to the following Judgment Suspending Sentence: Date Of Judgment Suspending Sentence County Of Origin File No.(s) Off. No. Superior Court District Court Offense Description Offense Date G.S. No. F/M CL. Max Term Presumptive Name of County of Origin Based upon the Findings of Fact set out on the reverse side, the Court concludes that the defendant has violated a valid condition of probation upon which the execution of the active sentence was suspended, and that continuation, modification or special probation is not appropriate, and the Court ORDERS that the defendant's probation be revoked, that the suspended sentence be activated, and the defendant be imprisoned: The defendant has freely, voluntarily and understandingly elected to serve the defendant's suspended sentence of imprisonment in lieu of the remainder of the defendant's probation. Therefore, by virtue of G.S. 15A-1341(c) the Court ORDERS that the suspended sentence be activated, and the defendant be imprisoned: for a term of The defendant shall be given credit for in the custody of the N.C. Division of Adult Correction. Sheriff County. days spent in confinement prior to the date of this Judgment as a result of this charge. The sentence activated this date shall begin at the expiration of all sentences which the defendant is presently obligated to serve. The sentence activated this date shall begin at the expiration of the sentence imposed in the case referenced below: (NOTE: List case number, offense number, county, court and date in which prior sentence imposed.) Case Number Offense Number County Court Date 1. 2. 3. 5. 6. (check all that apply) The defendant shall serve as a committed youthful offender pursuant to G.S. Chapter 148, Article 3B. The defendant should not obtain the benefit of release pursuant to G.S. 148-49.15. Immediate work release is recommended pursuant to G.S. 148-33.1. 4. Work release is recommended. Work release is not recommended. With the consent of the defendant, work release is ordered under the conditions set forth in the attached order (applies to misdemeanants only.) 7. The Clerk, under G.S. 7A-304(d), shall immediately disburse any undisbursed monies paid by the defendant under the Judgment Suspending Sentence, as provided in that Judgment. 8. The Court does not recommend that the defendant be required to pay restitution or reparation, as a condition of parole if parole is granted, or from his/her earnings if work release is granted. 9. The Court recommends that the defendant be required to pay, as a condition of parole if parole is granted, or from his/her earnings if work release is granted, the "Total Amount Due" shown below. Restitution All Prior Attorney Fees In This Case Attorney's Fee For This Proceeding All Other Total Amount Due $ $ $ $ $ 10. The Court recommends the defendant be assigned to a substance abuse treatment unit pursuant to G.S. 15A-1351(h). AOC-CR-315, Rev. 2/14 © 2014 Administrative Office of the Courts Material opposite unmarked squares is to be disregarded as surplusage. (Over) American LegalNet, Inc. www.FormsWorkFlow.com The Court further recommends: 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: 1. The defendant is charged with having violated specified conditions of the defendant's probation as alleged in a. the Violation Report(s) on file herein, which is incorporated by reference. b. the Notice of Hearing to Revoke Unsupervised Probation on file herein, which is incorporated by reference. 2. Upon due notice or waiver of notice (check a. or b.) a. a hearing was held before the Court and, by the evidence presented, the Court is reasonably satisfied in its discretion that the defendant violated each of the conditions of the defendant's probation as set forth below. b. the defendant waived a violation hearing and admitted that the defendant violated each of the conditions of the defendant's probation as set forth below. 3. The condition(s) violated and the facts of each violation are as set forth (check a. and/or b.) . a. in Paragraph(s) in the Violation Report or Notice dated b. on the attached sheet. 4. Any allegation of a violation stated in the Violation Report, Notice, or otherwise, which is not set forth above is dismissed. 5. Each of the conditions violated as set forth above is valid; 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 defendant's probation. a. Each violation is, in and of itself, a sufficient basis upon which this Court should revoke probation and activate the suspended sentence. 6. The Judgment for attorney's fees previously entered in this case shall be docketed, if it has not already been docketed. Name Of Original Sentencing Judge In the Judgment Suspending Sentence, the Court considered the aggravating and mitigating factors in G.S. 15A-1340.4 and: 1. made no written findings because the prison term imposed does not require such findings. 2. made no written findings because the prison term imposed was pursuant to a plea arrangement as to sentence per Ch. 15A, Art. 58. 3. made written findings of factors in aggravation and mitigation of punishment per G.S. 15A-1340.4. FINDINGS FOR USE WITH FAIR SENTENCING ACT FELONIES ONLY A hearing was held in open court in the presence of the defendant at which time a fee, including expenses, was awarded the defendant's appointed counsel or assigned public defender in this revocation proceeding. AWARD OF FEE TO COUNSEL FOR DEFENDANT ORDER OF COMM

Our Products