What Absconding Isn't

A recent case from the court of appeals helps inform our understanding of what it means to abscond from probation under the statutory absconding condition in G.S. 15A-1343(b)(3a). The case is State v. Williams. Defendant Logan Williams was placed on probation in 2014 for a drug offense committed in 2013. He was subject to all the regular conditions of probation, including the condition that he not abscond. It didn’t take long for his probation officer to realize that Williams did not have a settled living arrangement here in North Carolina. To the contrary, he was regularly traveling back and forth between North Carolina and New Jersey. Although he generally kept in touch with his probation officer via telephone, he missed some office appointments and was often unavailable for in-person supervision. Five months into the probation period the officer filed a violation report alleging seven violations, including the following: Regular Condition of Probation: “Not to abscond, by willfully avoiding supervision or by willfully making the supervisee’s whereabouts unknown to the supervising probation officer” in that THE DEFENDANT IS NOT REPORTING AS INSTRUCTED OR PROVIDING THE PROBATION OFFICER WITH A VALID ADDRESS AT THIS TIME. THE DEFENDANT IS ALSO LEAVING THE STATE WITHOUT PERMISSION. DUE TO THE DEFENDANT KNOWINGLY AVOIDING THE PROBATION OFFICER AND NOT MAKING HIS TRUE WHEREABOUTS KNOWN THE DEFENDANT HAS ABSCONDED SUPERVISION. Report as directed by the Court, Commission or the supervising officer to the officer at reasonable times and places . . .” in that THE DEFENDANT FAILED TO REPORT FOR [...]