Can a pending charge be a “new criminal offense” for purposes of probation revocation?

Probably. In general, a person’s probation should not be revoked based on a new criminal offense until he or she is convicted of that charge, State v. Guffey, 253 N.C. 43 (1960), unless the probation court makes an independent finding, to its “reasonable satisfaction,” that the defendant committed a crime. State v. Monroe, 83 N.C. App. 143 (1986). Probation should never be revoked based on the mere fact that a new criminal charge is pending; rather, there must be a conviction or some inquiry by the probation court into the alleged criminal behavior itself. This issue is addressed in this blog post on new criminal charges as a violation of probation.