Probation Modifications for Good Cause

There need not be a violation for the court to modify probation. Occasionally I hear about a situation that goes something like this. Things are going relatively well in a probation case, but the probation needs to be modified in some way. Even when everyone is on board with the modification (or perhaps even termination), I am sometimes asked whether the parties must come up with a violation to get the case before the court. The underlying concern is that the court will not have jurisdiction to act on the case without some allegation of violation. The General Statutes do not require there to be a violation before the court is empowered to act. Under G.S. 15A-1344(d), the court has power to modify the conditions of probation or extend the probation “at any time prior to the expiration or termination of the probation . . . after notice and hearing and for good cause shown.” Good cause can be something short of a violation. In fact, G.S. 15A-1344(d) goes on to list the court’s options “[i]f a probationer violates a condition of probation.” According to that list, the court can do more in response to a violation than it can for mere good cause—it can, for example, impose special probation and, in response to certain violations, revoke probation—but that does not mean a violation is required before the court may extend or modify. Form AOC-CR-609, the Order on Violation of Probation or on Motion to Modify, expressly accounts for the possibility [...]