Probation Violations and the Pretrial Integrity Act

The Pretrial Integrity Act has been in effect for one month now and has generated several questions about the implications of the new provisions. Some of the most frequently asked questions stem from probation violations, particularly how arrests for probation violations are treated under the new law. This post briefly addresses the two most common questions in this context. Probation violation as “new offense.” Under new G.S. 15A-533(h), if a defendant is arrested for a new offense allegedly committed while the defendant was on pretrial release for another pending proceeding, the judge must be the official to set pretrial release conditions within the first 48 hours. One recurring question is whether a probation violation constitutes a “new offense” within the meaning of G.S. 15A-533(h). The short answer is that it probably does not because a probation violation, in and of itself, is not a new offense. The one type of probation violation that perhaps raises a closer call is one based on the “commit no criminal offense” condition. Even if the probation violation is based on the commission of a new crime, it is an open question as to whether the probation violation itself would trigger G.S. 15A-533(h), or whether the offense that the probation violation is based on has to be charged separately to trigger the statute. It seems to be the more reasonable interpretation that unless the latter has occurred, a probation violation will not subject a case to G.S. 15A-533(h). In other words, if a defendant who is [...]