Extending Probation

How long can a defendant be on probation for a single conviction? A.      Five years. B.      Eight years. C.      It depends. The best answer is C. A judge can sentence any defendant (community or intermediate, misdemeanant or felon) to probation for up to five years on a finding that a period longer than the statutory defaults set out in G.S. 15A-1343.2(d) is necessary. But the original period of probation tells only part of the story. The real difficulty in answering the question stems from the fact that the General Statutes describe two different types of probation extensions, ordinary extensions under G.S. 15A-1344(d), and special-purpose extensions under G.S. 15A-1342 or G.S. 15A-1343.2. (I made up the terms "ordinary" and "special-purpose" for clarity; they do not appear in the General Statutes.) Under G.S. 15A-1344(d), ordinary extensions may, after notice and hearing, be ordered at any time prior to the expiration of probation for "good cause shown"-no violation need have occurred. Probation may be extended multiple times under this provision, but the total maximum probation period is five years. By comparison, special-purpose extensions can be used to extend the probationer's period of probation by up to three years beyond the original period of probation, including beyond the five-year maximum, if all of the following criteria are met: 1.       The probationer consents to the extension; 2.       The extension is being ordered during the last six months of the original period of probation; and 3.       The extension is necessary to complete a program of restitution or [...]