Probation Violations in North Carolina

A judge decides probation violations and may reduce, terminate, continue, extend, modify or revoke probation. The court may revoke probation only if the person committed a new criminal offense or absconded (willfully avoided supervision); for other violations by a person on felony probation the court may order a 90-day period of confinement, and may revoke only after the person has already received two such periods. Before revoking or extending probation the court must hold a hearing (unless waived) with at least 24 hours' written notice of the alleged violations; the person may speak, present information, confront and cross-examine adverse witnesses unless the court finds good cause, and is entitled to a lawyer (appointed if indigent). Formal rules of evidence do not apply, and the court must make findings to support its decision. An arrested probationer generally gets a preliminary probable-cause hearing within seven working days.

North Carolina's rule on court-appointed lawyers: An indigent person is entitled to appointed counsel in any case in which imprisonment, or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged (§ 7A-451(a)(1)). The court — including the clerk of superior court — determines indigency, and counsel is appointed in accordance with rules adopted by the Office of Indigent Defense Services (§ 7A-452). In each trial-level criminal case where counsel is appointed, the judge orders an appointment fee of seventy-five dollars ($75.00), but no fee is due unless the person is convicted; the fee may not be remitted or revoked by the court, and inability, failure, or refusal to pay it shall not be grounds for denying appointment of counsel, withdrawal of counsel, or contempt (§ 7A-455.1). N.C. Gen. Stat. §§ 7A-451, 7A-452, 7A-455.1

Lawyers set their own fees, and North Carolina has rules on how they may charge. See hiring a criminal defense lawyer in North Carolina for fee rules, how to check a lawyer's license and free help.

How release before trial works in North Carolina: A judicial official (judge, clerk or magistrate) sets conditions of pretrial release, imposing at least one of: an unsecured appearance bond; custody of a designated person or organization agreeing to supervise the defendant; a secured appearance bond; or house arrest with electronic monitoring (which requires a secured bond). Release on a written promise to appear was repealed by Session Laws 2025-93. For defendants not charged with a violent offense, the official must impose an unsecured bond or custody release unless that will not reasonably assure appearance, will pose a danger of injury to any person, or is likely to result in destruction of evidence, subornation of perjury or intimidation of witnesses — in which case a secured bond or house arrest is imposed and the reasons recorded in writing. A defendant with three or more qualifying convictions in the previous 10 years must receive a secured bond or house arrest. For violent offenses there is a rebuttable presumption that no condition will reasonably assure appearance and safety. The official must review the criminal history and consider the nature and circumstances of the offense, the weight of the evidence, and the defendant's family ties, employment, financial resources, character, housing situation and mental condition, among other factors. Written reasons follow policies issued by the senior resident superior court judge (G.S. 15A-535(a)). N.C. Gen. Stat. § 15A-534 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See North Carolina expungement and record sealing rules.