A North Carolina Motion for Immediate Release of Unlawfully Detained Probationer is a legal document used to petition the court to release a probationer who has been detained for violating the conditions of their probation. The motion will be filed by the probationer's attorney and must include proof of the probationer's unlawful detention, such as an arrest or detention order, evidence of a violation of probation, or any other facts that support the motion. There are two types of North Carolina Motion for Immediate Release of Unlawfully Detained Probationer: an Emergency Motion and a Rule 59 Motion. An Emergency Motion is used when a probationer is detained without a hearing or a court order. The motion is filed immediately and requires a hearing within 48 hours of the filing. A Rule 59 Motion is used when the probationer has been detained following a court order. The motion must be filed within 30 days of the court order and requires a hearing within 10 days of the filing. Both motions must include proof of the probationer's unlawful detention and must be accompanied by a memorandum of law outlining the legal arguments supporting the motion. The motion must also include a proposed order for the court's consideration.
North Carolina Motion for Immediate Release of Unlawfully Detained Probationer
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How to fill out North Carolina Motion For Immediate Release Of Unlawfully Detained Probationer?
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FAQ
Thus, if a defendant violates pretrial release conditions before he or she appears in court for the first time, a magistrate may revoke pretrial release and issue an order for arrest.
No attorney who has entered an appearance in any civil action shall withdraw his appearance, or have it stricken from the record, except on order of the court.
- The court may order the suspension of any public assistance benefits that are being received by a probationer for whom the court has issued an order for arrest for violation of the conditions of probation but who is absconding or otherwise willfully avoiding arrest.
The client's replacement counsel who is a member of the same law firm as the attorney of record may file a notice of substitution of counsel. The notice of substitution must include a representation that the client has been informed of and consents to the substitution.
In order to fire your lawyer, you should write a termination letter, so there is no doubt about what you have done. This should be a formal letter that states that you no longer wish for them to represent you. This letter should be sent return receipt requested to ensure that you know that the attorney received it.
After you are arrested on charges of violating your probation you will be incarcerated. Unlike normal criminal trials, you are not eligible to be released on bond while you await your probation violation hearing or your sentencing.
(d) Substitution of Counsel. Counsel seeking to withdraw from representation of a client may file a joint motion or stipulation with counsel seeking to be substituted in as counsel for such client, in the relevant case or proceedings, requesting authority of the Court for substitution of counsel.
The responsive pleading shall be served within 20 days after notice of the court's action in ruling on the motion or postponing its disposition until the trial on the merits; b.