Did the JRA repeal tolling?

The JRA itself did not repeal tolling, but other legislation from 2011 did. S.L. 2011-62 repealed tolling for persons placed on probation on or after December 1, 2011.


For defendants placed on probation before that date, the applicable tolling law differs based on the date of the offense for which the defendant was placed on probation. If the offense date was before December 1, 2009, the tolling law set out in former G.S. 15A-1344(d) applies. Under that law, probation is tolled for any charge other than a Class 3 misdemeanor, and no credit is applied to the defendant’s probation period even if the charge is dismissed or the defendant is acquitted.


If the offense date was after December 1, 2009, a revised version of the law, set out in former G.S. 15A-1344(g), applies. The revised law provided that if a probationer whose case was tolled for a new charge was acquitted or had the charge dismissed, he or she would receive credit against the probation period for the time spent under supervision in tolled status. This issue is addressed in this blog post.

Public Officials - Courts and Judicial Administration Roles
Topics - Courts and Judicial Administration