Willfulness of Probation Violations

It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid condition of probation willfully or without lawful excuse. State v. Hewett, 270 N.C. 348 (1967). After December 1, 2011, there will, under the Justice Reinvestment Act, be some limits on the judge’s authority to fully activate a suspended sentence, but the threshold question for a finding of violation will remain the same: Did the defendant willfully violate at least one valid condition without lawful excuse? Probation violation hearings are not formal trials, but there is a well-defined process for determining whether or not a defendant has willfully violated a valid condition of supervision. First, the burden of proof is on the State to establish to the “reasonable satisfaction” of the court that the defendant has violated at least one condition. State v. Tennant, 141 N.C. App. 524 (2000). If the State does that, the burden then shifts to the defendant to show that the failure to comply was not willful. If the defendant does not offer any evidence of his or her inability to comply, the State’s evidence of the failure to comply is a sufficient basis for revocation. State v. Jones, 78 N.C. App. 507 (1985). If a defendant puts on evidence of his or her inability to comply, the defendant is entitled to have that evidence considered and evaluated before the court can revoke probation. State v. Young, 21 [...]