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North Carolina Parole, Probation & Release All information & questions relating to parole, probation or release in North Carolina should be posted here.

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  #1  
Old 03-27-2016, 10:25 AM
LockedupLuv LockedupLuv is offline
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Default Inactive probation but has detainer??

My husband is currently in the DOC with GA. His probation with NC has expired technically while in the GA system. However he has a detainer on him as an obscounder from NC probation. When I call to try to talk to someone they tell me he is inactive. However counselor in GA says they are waiting on NC to tell them when they are coming for him before the parole board will set a release date. He was granted a favorable parole decision in October 2015 but is just waiting on NC. One lady told me NC was a poverity state and would not use funds to travel that far to pick up an inactive probation violation. However they will not remove the abscound from his record. We have wrote the superior court in the county of violation with no luck at a response. Has anyone had this type of experience or know who I need to be contacting.
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Old 03-27-2016, 10:31 AM
CenTexLyn CenTexLyn is offline
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There is no 'expired technically' when a warrant issues prior to the presumptive expiration date. Time stops on that date until such time as the agency or court issuing the warrant makes a decision on the issue.

What does the attorney in North Carolina have to say? What Motions have they filed with the jurisdiction that issued the warrant? Has there been an attempt to waive the revocation proceeding in absentia so that he can simply be revoked? And yes, if the warrant issued because of a new felony, one can reasonably anticipate that revocation will be the likely outcome of a revocation hearing...
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Old 03-27-2016, 11:54 AM
LockedupLuv LockedupLuv is offline
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Quote:
Originally Posted by CenTexLyn
There is no 'expired technically' when a warrant issues prior to the presumptive expiration date. Time stops on that date until such time as the agency or court issuing the warrant makes a decision on the issue.

What does the attorney in North Carolina have to say? What Motions have they filed with the jurisdiction that issued the warrant? Has there been an attempt to waive the revocation proceeding in absentia so that he can simply be revoked? And yes, if the warrant issued because of a new felony, one can reasonably anticipate that revocation will be the likely outcome of a revocation hearing...
He was on probation (2 yrs left) in NC when he caught the felony charge in GA (2011). We assume probation frooze at that time. When I call probation or NC-DOC all they say is he is "inactive" and we need info from GA. All GA says there is a detainer and they are waiting on NC. We have no clue where to start
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Old 03-27-2016, 12:26 PM
CenTexLyn CenTexLyn is offline
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Quote:
Originally Posted by LockedupLuv View Post
He was on probation (2 yrs left) in NC when he caught the felony charge in GA (2011). We assume probation frooze at that time. When I call probation or NC-DOC all they say is he is "inactive" and we need info from GA. All GA says there is a detainer and they are waiting on NC. We have no clue where to start

It is 'inactive' because the file is simply sitting on a shelf pending judicial action. When he is in North Carolina custody, it will again be active.

As to where to start, the answer rests in some of the questions my earlier post contained...
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