Judgment And Commitment Upon Revocation of Probation Felony Structured Sentencing (After Dec. 1, 2011) {CR-607} | Pdf Fpdf Doc Docx | North Carolina

 North Carolina /  Statewide /  Criminal /
Judgment And Commitment Upon Revocation of Probation Felony Structured Sentencing (After Dec. 1, 2011) {CR-607} | Pdf Fpdf Doc Docx | North Carolina

Judgment And Commitment Upon Revocation of Probation Felony Structured Sentencing (After Dec. 1, 2011) {CR-607}

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

Alternate TextLast updated: 2/15/2017

Included Formats to Download
$ 17.99

Description

STATE OF NORTH CAROLINA County Seat Of Court NOTE: Use this form only for complete revocation of probation. For confinement in response to violation under G.S. 15A-1344(d2), use AOC-CR-609. Enter a separate revocation judgment for each sentence activated, but one revocation judgment is sufficient where the original sentence was imposed on offenses consolidated for judgment. File No. Co. Of Hearing In The General Court Of Justice District Superior Court Division Name Of Defendant Race Attorney For State STATE VERSUS Sex Date Of Birth (STRUCTURED SENTENCING) (For Revocation Hearings On Or After Dec. 1, 2011) Def. Waived Attorney JUDGMENT AND COMMITMENT UPON REVOCATION OF PROBATION - FELONY Def. Found Not Indigent Attorney For Defendant At Revocation Hearing G.S. 15A-1344, 15A-1345 Appointed Crt Rptr Initials 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. Name Of Original Sentencing Judge Name Of County Of Origin Offense Description Offense Date G.S. No. F/M CL. *Pun. CL. *NOTE: Enter punishment class if different from underlying offense class (punishment class represents a status or enhancement). In the original Judgment Suspending Sentence, the Court determined, pursuant to G.S. 15A-1340.14, the prior record points of the defendant to be , as disclosed by the record. PRIOR RECORD LEVEL: I II III IV V VI In the original Judgment Suspending Sentence, the Court found that this was an offense involving assault, communicating a threat, or an act defined in G.S. 50B-1(a), and that the defendant had a personal relationship as defined by G.S.50B-1(b) with the victim. In the original Judgment Suspending Sentence, the Court sentenced the defendant: 1. from the presumptive range of minimum durations. 2. from the minimum durations based upon the Findings of Aggravating and Mitigating Factors. 3. based upon a finding of Extraordinary Mitigation. 4. based upon a finding of substantial assistance pursuant to G.S. 90-95(h)(5). 5. based upon enhancement pursuant to: G.S. 90-95(e)(3) (drugs). G.S. 14-3(c) (hate crime). G.S. 50B-4.1 (domestic violence). G.S. 14-50.22 (gang). Other: . CONCLUSION AND ORDER 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 or criminal contempt 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: for a minimum term of: months The defendant shall be given credit for for a maximum term of: months in the custody of the: Other: N.C. DAC. . days spent in confinement prior to the date of this Judgment as a result of this charge(s). 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: File No. Offense County Court Date Material opposite unmarked squares is to be disregarded as surplusage. (Over) AOC-CR-607, Rev. 12/13 © 2013 Administrative Office of The Courts American LegalNet, Inc. www.FormsWorkFlow.com The Court further Orders: (check all that apply) 1. The Clerk of Superior Court, 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. In addition, the defendant shall pay to the Clerk the "Total Amount Due" below. Costs Balance $ Fine Balance $ Restitution Balance* $ Prior Atty Fees This Case $ Atty Fees This Proceeding $ Appt Fee/Misc $ Total Amount Due $ NOTE: AOC-CR-612 must be completed whenever Recommendation No. 4 below is checked. Even if Recommendation No. 4 is not checked, AOC-CR-612 must be completed in EVERY CASE in which the defendant was ordered in the original Judgment Suspending Sentence, as a condition of probation, to pay restitution in an amount in excess of $250 to a Victims' Rights Act victim. *See attached "Restitution Update Worksheet, Notice and Findings (Revocation Or Termination Of Probation)," AOC-CR-612, which is incorporated by reference. AOC-CR-618. Other: 2. The Court finds just cause to waive costs, as ordered on the attached 3. Any allegation of a violation stated in the Violation Report, Notice or otherwise which is not set forth in Finding No. 3 below is dismissed. 4. Other: . The Court recommends: 1. Substance abuse treatment. 2. Psychiatric and/or psychological counseling. 3. Work release should should not be granted. 4. Payment as a condition of post-release supervision or from work release earnings, if applicable, of the "Total Amount Due" set out above. but the Court does not recommend restitution be paid as a condition of post-release supervision. from work release earnings. 5. Other: 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 the: a. Violation Report(s) on file herein, which is incorporated by reference. b. Notice of Hearing on Violation Of 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 he/she violated each of the conditions of his/her probation as set forth below. 3. The condition(s) violated and the facts of each violation are as set forth (check all that apply) a. in Paragraph(s) of the Violation Report or Notice dated . of the Violation Report or Notice dated . b. in Paragraph(s) c. on the attached sheet . 4. 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 proba

Our Products