North Carolina Motion for Immediate Release of Unlawfully Detained Probationer

• Category: North Carolina Criminal - Motions
• State: North Carolina
• Control #: NC-CR-800
• Format: Word; Rich Text

Description

This motion is filed on behalf o fa defednant who was arrested for alleged violations of probation. The motion argues that procedure errors in the detainment occurred and moves for the defendant to be immediately released whil awaiting the probation violation hearing. 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.

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.