One Last Chance

As a parent, I try to be a consistent disciplinarian. I do my best to avoid empty warnings about the consequences of some action (or failure to act, as is often the case). But despite my best efforts, even when a line has been crossed or a deadline has passed, I sometimes find myself giving my kids one last chance to get it right. I see the same “one last chance” phenomenon at work in State v. Yonce, 207 N.C. App. 658 (2010). Lonnie Yonce was on probation for seven counts of obtaining property by false pretenses, with seven consecutive 15–18 month sentences hanging over his head. He owed over $50,000 in restitution. Less than a year into his probation, Yonce’s probation officer filed a violation report alleging that he was not making his restitution payments in a timely manner. This was back in 2008, when a person could be revoked for a violation like that. And on October 27, 2008, Yonce was revoked—albeit with a catch. At the violation hearing, the defendant conceded that he was behind on his payments; at that point he had paid about $2,700 of the $7,700 he should have paid by then according to the payment schedule set by his probation officer. But he denied that the violation was willful, and told the judge he could get back on track if the VA and Social Security approved his application for additional benefits. The judge was persuaded to stay his revocation order, allowing the defendant until December [...]