Articles in the Sentencing category

The latest version of the Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission is now available here. As always, it is a goldmine of sentencing […]

In the criminal law context, magistrates primarily conduct initial appearances for individuals who have just been arrested, issue criminal process in the form of charging documents, and issue search warrants. […]

In July, the legislature enacted House Bill 1173, S.L. 2026-37, or “Jaleeyah’s Law.” As Shea previously noted in a news roundup, the impetus for the legislation was the fatal shooting […]

Under G.S. 15A-1340.14(b)(6), an additional sentencing point applies “[i]f all the elements of the present offense are included in any prior offense for which the offender was convicted, whether or […]

Today’s post addresses a small (and admittedly mundane) thing that trips people up from time to time. What happens when an appealed probationary sentence comes back to the trial court […]

There are two different types of probation extensions. They are set out in different statutes. And they can be confusing. Ordinary extensions. Under G.S. 15A-1344(d), probation may be extended at […]

Probation records are privileged. That protection stems from an old statute, G.S. 15-207, which was enacted in 1937—the same year the original North Carolina Probation Commission was established. See N.C. […]

Some guilty pleas are “open,” where the defendant pleads guilty to agreed-upon charges without any promises from the State about the ultimate sentence. Other pleas include an arrangement as to […]

In 2018, I wrote this post, https://nccriminallaw.sog.unc.edu/2018/11/28/total-split-sentence-exposure/, about split sentences, examining the total limit on split sentence incarceration that a judge can order at sentencing and as a later modification […]

This post summarizes the published criminal opinions from the North Carolina Supreme Court released on March 20, 2026. Circumstantial evidence was sufficient to submit robbery with a dangerous weapon to […]