Order on Violation of Probation or on Motion to Modify (Structured Sentencing): This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
The Wilmington North Carolina Order on Violation of Probation or on Motion to Modify — Structured Sentencing refers to a legal process that involves the review and potential modification of a probation order issued by the court in Wilmington, North Carolina. It occurs when an individual on probation violates the conditions set forth in their probation agreement or when there is a request to modify certain aspects of the initial sentencing. There are different types of Wilmington North Carolina Order on Violation of Probation or on Motion to Modify — Structured Sentencing that can occur based on the circumstances and the goals of the parties involved. These types include: 1. Order on Violation of Probation: This type of order is issued when an individual on probation is alleged to have violated one or more conditions of their probation agreement. Examples of common probation violations may include failure to report to a probation officer, failure to pay fines, failure to attend mandated classes or programs, or committing a new offense. In such cases, the probation officer or the prosecutor may file a Violation of Probation report, which initiates a court hearing to determine if a violation indeed occurred and what action, if any, should be taken. 2. Order on Motion to Modify — Structured Sentencing: This type of order pertains to situations when there is a request to modify the terms of the initial sentencing order in a structured sentencing case. A structured sentencing refers to a system where punishment is determined based on the severity of the crime and the offender's prior criminal history. If there are significant changes in the offender's circumstances, such as good behavior, completion of rehabilitation programs, or other relevant factors, the offender or their attorney may file a motion to modify the sentence. The court then reviews the motion and makes a determination whether modifications are appropriate. During the Wilmington North Carolina Order on Violation of Probation or on Motion to Modify — Structured Sentencing process, several steps occur. These include: 1. Filing of a Motion: Either the probation officer or the offender, through their attorney, files a motion with the court to initiate the process. The motion lays out the alleged violation or the requested modifications along with supporting evidence or arguments. 2. Notification and Scheduling of Hearing: Once the motion is filed, the court schedules a hearing and notifies all relevant parties, including the probationer, their attorney, the probation officer, and the prosecutor, of the hearing date, time, and location. 3. Probation Violation or Modification Hearing: The hearing takes place in front of a judge. During the hearing, the probation officer or the prosecutor presents evidence supporting the violation allegations, while the probationer or their attorney may present evidence supporting the motion to modify. Each party has the opportunity to present witnesses, documents, and arguments to support their position. 4. Judge's Determination: After considering all the evidence and arguments presented during the hearing, the judge makes a decision on whether a violation of probation occurred or whether modifications to the structured sentencing is justified. The judge may issue a written order outlining the decision and any resulting actions or sanctions. In summary, the Wilmington North Carolina Order on Violation of Probation or on Motion to Modify — Structured Sentencing is a legal process designed to review and potentially modify probation orders in Wilmington, North Carolina, based on either alleged violations or requests for modifications. The process involves filing a motion, scheduling a hearing, presenting evidence and arguments during the hearing, and receiving a decision from the judge.
