A Case of Actual Absconding

A string of recent cases have shown what absconding isn’t. A case from the court of appeals this week gives us an example of what absconding is. In State v. Newsome, the defendant was on felony probation for a drug offense. About two years into the probation, the probation officer filed a violation report alleging, among other technical violations, that the defendant had absconded. That violation report was based on the officer’s “numerous attempts to contact the defendant at the last known address.” Slip op. at 2. The probationer was arrested on that violation report and held for almost two months. He eventually posted a bond and was released, but he failed to follow instructions to report to the probation office within 72 hours. That prompted the officer to make a home visit. Though the officer apparently saw the probationer enter the house, the probationer’s mother told the officer he wasn’t home. That visit prompted the officer to file another violation report. At the ensuing violation hearing, the court revoked the defendant’s probation. On appeal, the defendant argued that the alleged violating behavior was, at its core, merely failing to report for an office visit. And in light of State v. Williams, 243 N.C. App. 198 (2015) (discussed here), and State v. Krider, __ N.C. __ (2018) (discussed here), missed appointments alone are technical violations, not revocation-eligible absconding. Slip op. at 9. The court of appeals disagreed, concluding that “the defendant did not simply miss an appointment or phone call with [...]