Wilmington North Carolina Judgment and Commitment upon Revocation of Probation or Election to Server Sentence - Misdemeanors - Structured Sentencing

State:
North Carolina
City:
Wilmington
Control #:
NC-CR-608
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PDF
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Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence - Misdemeanor(s): 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.



Wilmington North Carolina Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence — Misdemeanor— - Structured Sentencing In Wilmington, North Carolina, the Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence plays a crucial role in the criminal justice system. This process is specifically applicable to misdemeanors under the structured sentencing guidelines. When a defendant is found guilty of a misdemeanor offense and has been granted probation, they are expected to adhere to certain conditions imposed by the court. However, if they violate these conditions, their probation may be revoked, leading to the judgment and commitment process. The Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence is the legal document that formalizes the consequences for violating probation terms or choosing to serve the original sentence instead of continuing with probation. It outlines the penalties and terms of incarceration that the defendant must serve in the event of revocation. Several types of misdemeanors fall under the structured sentencing guidelines, and each may have its specific procedures and requirements for the Judgment and Commitment process. Some common misdemeanor offenses that are subject to this procedure in Wilmington, North Carolina, include: 1. Assault: Involves physically attacking or causing bodily harm to another person intentionally or recklessly. 2. DWI (Driving While Impaired): Operating a vehicle under the influence of alcohol, drugs, or any other impairing substance. 3. Shoplifting: Stealing merchandise from a store without paying for it. 4. Disorderly Conduct: Behaving in a manner likely to cause public disturbance or breach of peace. 5. Trespassing: Entering or remaining on someone's property without permission. 6. Possession of Controlled Substances: Unlawful possession of drugs or narcotics without a valid prescription. 7. Domestic Violence: Committing an act of violence on a family or household member. When a defendant's probation is revoked, or they elect to serve their original sentence, the Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence document outlines the details of their confinement. It includes the length of their sentence, the facility where they will serve it, and any other conditions or programs they may be required to complete during incarceration. It is vital for both defendants and legal professionals to understand the implications of this process and its specific application to various misdemeanor offenses in Wilmington, North Carolina. By familiarizing themselves with the structured sentencing guidelines and how the Judgment and Commitment process works, defendants can better navigate their legal journey and make informed decisions. Legal professionals, on the other hand, play a crucial role in guiding defendants through this process, ensuring their rights are protected and seeking the best possible outcome for their clients.

Wilmington North Carolina Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence — Misdemeanor— - Structured Sentencing In Wilmington, North Carolina, the Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence plays a crucial role in the criminal justice system. This process is specifically applicable to misdemeanors under the structured sentencing guidelines. When a defendant is found guilty of a misdemeanor offense and has been granted probation, they are expected to adhere to certain conditions imposed by the court. However, if they violate these conditions, their probation may be revoked, leading to the judgment and commitment process. The Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence is the legal document that formalizes the consequences for violating probation terms or choosing to serve the original sentence instead of continuing with probation. It outlines the penalties and terms of incarceration that the defendant must serve in the event of revocation. Several types of misdemeanors fall under the structured sentencing guidelines, and each may have its specific procedures and requirements for the Judgment and Commitment process. Some common misdemeanor offenses that are subject to this procedure in Wilmington, North Carolina, include: 1. Assault: Involves physically attacking or causing bodily harm to another person intentionally or recklessly. 2. DWI (Driving While Impaired): Operating a vehicle under the influence of alcohol, drugs, or any other impairing substance. 3. Shoplifting: Stealing merchandise from a store without paying for it. 4. Disorderly Conduct: Behaving in a manner likely to cause public disturbance or breach of peace. 5. Trespassing: Entering or remaining on someone's property without permission. 6. Possession of Controlled Substances: Unlawful possession of drugs or narcotics without a valid prescription. 7. Domestic Violence: Committing an act of violence on a family or household member. When a defendant's probation is revoked, or they elect to serve their original sentence, the Judgment and Commitment upon Revocation of Probation or Election to Serve Sentence document outlines the details of their confinement. It includes the length of their sentence, the facility where they will serve it, and any other conditions or programs they may be required to complete during incarceration. It is vital for both defendants and legal professionals to understand the implications of this process and its specific application to various misdemeanor offenses in Wilmington, North Carolina. By familiarizing themselves with the structured sentencing guidelines and how the Judgment and Commitment process works, defendants can better navigate their legal journey and make informed decisions. Legal professionals, on the other hand, play a crucial role in guiding defendants through this process, ensuring their rights are protected and seeking the best possible outcome for their clients.

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FAQ

Does a suspended sentence mean a criminal record? Yes. A suspended sentence usually stays on a person's criminal record. places the defendant on probation.

Supervised probation is much more involved. You will be required to attend monthly office visits with your probation officer. Your probation officer may require you to submit a urine sample or submit to a warrantless search of your home at any time and without notice. You will have to pay monthly supervision fees.

Payments are to be made to the Clerk in the county where you were convicted. Online probation payments can be made using the OCAP system at http:// onlineservices.nccourts.org/OCAP . Please have the county where you were convicted and your case number available when paying online.

Suspended sentences are custodial sentences where the offender does not have to go to prison provided that they commit no further offences and comply with any requirements imposed. They are used only when the custodial sentence is no longer than two years. A suspended sentence is both a punishment and a deterrent.

A felony offender must serve 100 percent of the minimum sentence and at least 85 percent of the maximum sentence before being eligible for release from prison to PRS.

North Carolina Criminal Law NC Criminal Law Under G.S. 15A-1343(c1), defendants placed on supervised probation must pay a monthly supervision fee of $30, unless exempted by the court. That exemption may only be granted for good cause upon motion of the defendant.

How long will it be on my record? It will remain on the PNC indefinitely and will be used in any future criminal proceedings. If you breach any of the conditions or commit another crime you will usually go to prison to serve the sentence.

(A suspended sentence means the defendant does not serve any prison time unless he/she is later found to be in violation of his/her probation.) The absolute maximum sentence a judge could give the defendant would be 36-56 months in prison.

Court Fees Filing a civil action (includes a $52.00 administrative fee) The administrative fee does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C § 1915.$402.00Exemplification of any document or page$23.00Issuance of an Apostille$47.0022 more rows ?

Courts use postponement and conditionally suspended sentences to encourage convicted persons to stay out of trouble.

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Wilmington North Carolina Judgment and Commitment upon Revocation of Probation or Election to Server Sentence - Misdemeanors - Structured Sentencing