How can I appeal a parole or probation revocation decision?

In North Carolina, an individual may appeal a parole or probation revocation decision if they believe their rights were violated. An individual may appeal a revocation decision by filing a petition for writ of certiorari in the North Carolina Court of Appeals. First, an individual must seek legal counsel to understand the process for filing a petition. The individual must then submit a petition to the appellate court. Generally, an individual must show that: 1) the court or administrative agency in charge of the parole or probation revocation decision was wrong, 2) there was an abuse of discretion by the decision maker or a serious error of law by the court, or 3) there was prejudice or a miscarriage of justice involved in the decision. To properly prepare the petition, an individual must document the facts and law leading to the decision and the grounds for the appeal. The individual must also include a list of evidence that supports their claims. The individual must then file the petition and pay the filing fee. Once the petition is filed, the court of appeals will review the facts, testimony, and evidence and determine if the parole or probation revocation decision should be overturned. If the court of appeals decides to overturn the decision, it will issue an order to the lower court or administrative agency to overturn the decision. Otherwise, the decision will remain unchanged.

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How can I appeal a parole or probation revocation decision?

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