FAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
February 1, 2012
In the Matter of District Court Administrative Order
Among the opinions filed by the North Carolina Supreme Court last Friday was an order captioned “In the Matter of District Court Administrative Order.” Without providing any factual background regarding […]
January 31, 2012
Testimony from Anonymous Witnesses
The Fourth Circuit recently decided United States v. Ramos-Cruz, a case involving an MS-13 member who was convicted of assorted federal crimes, all generally tied to his gang membership and […]
January 19, 2012
Pretrial Release – Part 4: Refusal to Provide Identification & Noncitizens
In the last in this series of posts on pretrial release I’ll address two issues that continue to create problems for judicial officials: defendants who refuse to identify themselves and […]
January 17, 2012
What’s In a Name?
In a post here, I listed my top five indictment errors. The number one error was misstating the victim’s name in an indictment charging larceny or a related crime interfering […]
January 11, 2012
Run and You’re Done — Part 2
Part I of this post ended by noting that, like the racing forfeiture provisions in G.S. 20-141.3—and unlike the DWI seizure and forfeiture laws—the new felony speeding to elude seizure […]
January 10, 2012
Run and You’re Done — Part 1
My nomination for catchiest short title of the 2011 legislative session goes to House Bill 427, enrolled and chaptered as S.L. 2011-271, and short-titled “Run and You’re Done.” The aptly […]
January 9, 2012
Pretrial Release — Part 3: Limits on When and What Conditions May Be Imposed
As a general rule, and subject to local bond policy, the law gives judicial officials a great deal of discretion to determine the appropriate conditions of pretrial release. In some […]
January 5, 2012
Officers and NCAWARE
NCAWARE is an acronym for the North CArolina WArrant REpository. It is the computer system that is used by judicial officials, usually magistrates, to create criminal process documents such as […]
January 3, 2012
Pretrial Release — Part 2: Who Sets Conditions? What Are the Options?
In my first post in this series, I addressed the issue of who is entitled to conditions of pretrial release. In this post, I’ll address who can set conditions and […]
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