In the Matter of Z.T.W., 238 N.C. App. 365 (2014)


Relying upon a recent decision by the North Carolina Supreme Court, the court held that the trial court did not err by revoking the juvenile’s probation based solely upon the admission of hearsay evidence. See State v. Murchison, 367 N.C. 461 (2014) (holding that, since the formal Rules of Evidence do not apply in probation revocation hearings, the trial court did not err by revoking the defendant’s probation and activating his suspended sentence based solely on hearsay evidence). Also, the trial court’s failure to advise the juvenile about the consequences of testifying at his probation revocation hearing did not affect the validity of the probation revocation because the holding of In re J.R.V., 212 N.C. App. 205 (2011) (requiring the trial court to advise a juvenile of his right against self-incrimination under G.S. 7B-2405(4), if the juvenile chooses to testify at his own adjudication hearing) applies only to adjudication hearings.

Probation Violations
Revocation Based on Hearsay Evidence
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