Violate Terms of Probation and Go to Jail

Post 4848

See the full video at  https://rumble.com/v7fnxd6-no-good-judicial-deed-goes-unpunished.html  and at https://youtu.be/9SxJRPNzSWc

Kindness in Sentencing is Often Abused and Probation Becomes Jail

In State Of North Carolina v. Tia Allen, No. COA24-1010, Court of Appeals of North Carolina (September 16, 2026) Tia M. Allen pleaded guilty on 18 April 2022 to several offenses under a plea agreement. The trial court consolidated the convictions, imposed an 11-to-23-month sentence,

On 6 February 2024, her probation officer alleged that Allen had paid nothing, failed to report, and incurred new criminal charges. At the 26 March 2024 hearing, counsel admitted Allen’s nonpayment but did not admit commission of the new offenses; the court did not inquire into the failure-to-report allegation.

Defendant did not deny this probation violation. Instead, when the trial court asked whether Defendant wanted to admit any of the alleged probation violations, Defendant admitted her failure to make any payments towards restitution, court costs, and other fees owed.

The court found all alleged violations, extended probation by 24 months, imposed five months’ confinement as special probation, required reporting after release, and ordered electronic house arrest. Allen appealed and later filed a motion for appropriate relief challenging the confinement condition.

LAW

A probation violation need not be proved beyond a reasonable doubt; competent evidence must reasonably satisfy the trial judge that the defendant willfully violated a valid probation condition.

The State generally bears the burden of proving a violation, but an in-court admission of a willful violation eliminates the need for further proof.

Under N.C. Gen. Stat. § 15A-1344(d) and (e), a court may modify probation and impose special probation after a violation, with confinement capped at one-fourth of the maximum sentence and not extending beyond the probation period or two years after special probation is imposed, whichever occurs first.

DISCUSSION

Allen argued that the five-month confinement term was unlawful because it would occur more than two years after her conviction. The State relied on Allen’s admission of nonpayment and the trial court’s authority to modify probation after a violation.

ANALYSIS

Allen’s admission that she failed to make required payments supplied a competent basis for finding a willful probation violation. The five-month confinement term was lawful under § 15A-1344(e): it was less than one-fourth of the 23-month maximum sentence and would end before both the extended probation period and two years from imposition of special probation.

CONCLUSION

The Court of Appeals affirmed that the defendant violated the condition(s) of probation set forth in the Violation Report or Notice of Hearing dated 02/06/2024. The trial court’s imposition of a five-month sentence complies with N.C. Gen. Stat. § 15A-1344(e) since it does “not exceed one-fourth the maximum sentence of imprisonment imposed for the offense”-in this case, 23 months.

The Court of Appeals affirmed the probation modification based on Allen’s admitted willful nonpayment, vacated the unsupported findings that she committed new offenses and failed to report, and denied the motion for appropriate relief because the special-probation confinement complied with § 15A-1344(e).

The trial court did not abuse its discretion by concluding that Defendant willfully violated her probation after she admitted to failing to make payments towards restitution, courts costs, and other fees owed. However, the Court of Appeals vacated the findings of other violations. Additionally, it held the special condition of probation complied with N.C. Gen. Stat. § 15A-1344.

ZALMA OPINION

Some judges have a soft spot in the judicial demeanor for criminals who claim they have remorse for their criminal conduct and, although they issue a proper sentence of incarceration although, as in this case, suspend the sentence for 24 months of supervised probation, and require payment of restitution, costs, and fees. Ms. Allen took advantage of the judge’s kindness and violated the terms of the probation and found herself sentence to serve some time, only to try to keep out of jail, by appealing unsuccessfully this new sentence. The trial judge, I expect, will not be as kind to convicted criminals again.

(c) 2026 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://gbarryzalma.substack.com/subscribe

Go to X @bzalma;  Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the InsuranceClaims Library – https://lnkd.in/gwEYk.