Showing posts with label Probation. Show all posts
Showing posts with label Probation. Show all posts

Sunday, September 16, 2012

Former College Basketball Player Sentenced to Probation for Sexual Assault

Julius Francis
Julius Francis, a former center for Winthrop University's basketball team, pleaded guilty to third-degree assault and battery and disturbing schools on Thursday.

The charges stem from an April, 2011 incident in which Francis was allegedly sexually assaulted a 19 year-old woman.

Francis was sentenced to six months of probation.




Thursday, March 24, 2011

Felony Probation Violations: Report for March 21-24

The following is a summary of the felony probation violation cases handled during the week of March 21-24, 2011. The Honorable H. William Constangy, Superior Court Judge presided.

One-hundred eighty-nine (189) defendants came before the court.
* 32 were scheduled for a probable cause hearing after a recent arrest for a probation violation.
* 41 had their hearing date continued after a motion by the State or Defendant
* 107 admitted violating probation
* 1 denied violating probation and had a hearing and were found in violation by the judge
* 16 were on for a review set by a previous judge, had an order for arrest issued for failing to appear, or fall within another miscellaneous category
* 23 had their probation terminated by the judge
* 39 were revoked from probation by the judge (if probation is revoked, the defendant is sent to prison to serve the previously suspended prison sentence)
* 46 were not revoked from probation by the judge; instead, they were continued on supervised probation under the same or additional conditions.

Notes about Probation Violations: Generally, felony probation violation cases are scheduled every other week in courtroom 5170; the cases are heard Monday through Thursday. Each Friday of these weeks the courtroom is used for felony guilty pleas or to hear Motions for Appropriate Relief (see N.C.G.S. 15A-1411 through -1422). In response to a felony probation violation, a defendant may admit or deny the violation(s). If the defendant admits the violation(s), the presiding judge determines whether to revoke the defendant’s probation and send him/her to prison, whether to continue the defendant on supervised probation under the same or additional terms, or whether to terminate (end) the supervision.

If a defendant denies the violation(s), a hearing is held in which the probation officer usually testifies.
If the defendant is found by the judge to be in willful violation of his/her terms of probation, the judge will take one of the same actions described above. The DA’s Office does not have the power to dismiss, or negotiate the outcome of, a probation violation. A previous sentencing judge has issued an Order placing the defendant on probation and all violations of that term of probation are alleged by the probation officer and brought before a judge to determine whether a violation exist and, if so, what action should be taken against the defendant for the violation.