Revised Sex Offender Flow Chart (March 2026 Edition)
It’s been a while since I last posted an updated flow chart for sex offender registration and satellite-based monitoring (SBM). In the past I tried to cram the entire thing […]
“Second Look” Sentencing Is Not the Law in North Carolina
Some states have passed laws authorizing judges to review sentences after a defendant has served a specified portion of the sentence. They are sometimes referred to as “second look” laws. A bill proposing a second-look procedure was filed in the General Assembly in 2025, but it was referred to committee and never enacted. See House Bill 589. Nevertheless, judges around the state are receiving dozens of motions for appropriate relief filed under authority of “The Second Look Act” as though it became law. To be clear, no such law was enacted, and motions premised solely on that theory lack a legal basis.
Trends and Highlights from the 2024 DWI Sentencing Statistical Report
As 2025 came to a close, the North Carolina Sentencing and Policy Advisory Commission published the Driving While Impaired Convictions Statistical Report for Fiscal Year 2024 (hereinafter “the report”). The […]
New Edition of the North Carolina Sentencing Handbook Available
For the second day in a row, I’m pleased to announce a new publication co-authored by Belal. The latest edition of the North Carolina Sentencing Handbook is available for purchase here.
New Edition of Driver’s License Revocations, Restorations, and Limited Driving Privileges
I am excited to announce a new edition of Driver’s License Revocations, Restorations, and Limited Driving Privileges in North Carolina. First published in 2024 by my colleague Shea Denning, this […]
DART Center Tour, Program Overview, and Practical Takeaways
In October, we administered a class on DWI substantive law and procedure for District Court Judges and Magistrates. As part of that program, I took a group of judges to […]
The End of the Concurrent Sentence Default
For many years, it has been the rule in North Carolina that when multiple sentences of imprisonment are imposed, they run concurrently by default. That has been required by statute since 1977. G.S. 15A-1354. And that statute carried forward prior law that “sentences are to run concurrently unless otherwise specified.” Id. Official Commentary. Effective today, that default rule is removed.
No Authority for Immediate Civil Judgments on Criminal Costs and Fines
The practice of ordering a civil judgment for costs and fines at the outset of a criminal case has run its course.
Three Updates to DWI Sentencing since 2018
We are putting the final touches on the new edition of the North Carolina Sentencing Handbook - publication date forthcoming! As part of revising and updating the DWI Sentencing portion, three updates stood out to me as warranting some more discussion. First, the legislature has expanded delegated authority for probation officers to include probationers sentenced for impaired driving under G.S. 20-179. Second, the Court of Appeals further clarified the presumption for unsupervised probation and requirements for transferring a probationer from supervised to unsupervised probation. Third, a new mitigating factor was added for voluntary pretrial installation of an ignition interlock device. Read on for more details.
Remote Hearings for Prisoners
During the pandemic, we got accustomed to doing certain court proceedings virtually—initially under authority of the Chief Justice’s emergency orders (which Shea discussed here), and later by statute, under G.S. 7A-49.6. That law allows “proceedings of all types” (with some exceptions and caveats) to be conducted using an audio and video transmission. The Department of Adult Correction (DAC) has issued new guidance on its process for scheduling virtual proceedings. Their General Counsel’s Office asked me to help spread the word about it to court officials.