Preliminary Hearings on Probation Violations

Under G.S. 15A-1345(c), a preliminary hearing on a probation violation must be held within seven working days of a probationer's arrest to determine whether there is probable cause to believe that the probationer violated a condition of probation, unless the probationer waives the preliminary hearing or a final hearing is held first. I'm told the practice when it comes to preliminary hearings varies considerably around the state, and that in some places they aren't done at all. Here's a quick - and far from exhaustive - Q & A on preliminary hearings. Does a preliminary hearing need to be held in every case? No, a preliminary hearing only needs to be held when the probationer is detained solely for a violation of probation. A preliminary hearing is not required when the probationer is released on a bond pending the final violation hearing. State v. O'Connor, 31 N.C. App. 518 (1976). Which court should conduct the preliminary hearing? Under G.S. 15A-1345(d), the preliminary hearing should be conducted by "a judge sitting in the county where the probationer was arrested or where the alleged violation occurred." That statute does not include the limiting language of G.S. 15A-1344(a), which extends jurisdiction to hold a final violation hearing only to judges "entitled to sit in the court which imposed probation."  In my opinion, the lack of limiting language in G.S. 15A-1345(d) means any judge in the proper county-district or superior-may conduct the preliminary hearing. Is the probationer entitled to counsel at the preliminary hearing? Under [...]