Another New Conditional Discharge: Threats and False Reports of Mass Violence
By the end of the year, we’ll have another type of conditional discharge to add to the list collected in my previous post. The new conditional discharge is for certain […]
July 5, 2018
All the Conditional Discharges
A conditional discharge allows a defendant who pleads guilty or is found guilty to be placed on probation without entry of judgment. If the defendant succeeds on probation, the court […]
July 3, 2018
Expanded Forgiveness of a Criminal Conviction
Earlier this year, I had the opportunity to participate in a national roundtable, sponsored by the American Law Institute and National Conference of State Legislatures, on current and possible approaches […]
June 28, 2018
Factors to Consider When Thinking about a Defendant’s Ability to Pay
In my last post, I wrote about when the court should and must consider a defendant’s ability to pay a monetary obligation. Today’s post talks about some of the specific […]
June 21, 2018
Evaluating Ability to Pay
Today’s post considers when a court should—and sometimes must—evaluate a defendant’s ability to pay a monetary obligation in a criminal case.
June 8, 2018
“Revoking” Deferral Probation
Do the Justice Reinvestment Act’s limitations on a judge’s authority to revoke probation apply in deferred prosecution and conditional discharge cases? Defendants can be placed on probation as part of […]
May 31, 2018
Limits on PJCs
Judges can continue prayer for judgment in any case. Except when they can’t.
May 25, 2018
Sentence Credits Applied to Post-Release Supervision
Sentence credits are the days of credit the prison system can award to inmates as an incentive for good behavior, work, or participation in programs in prison. The main sentence […]
May 18, 2018
SBM Is an Unreasonable Search in Grady’s Case
In Grady v. North Carolina, 135 S. Ct. 1368 (2015), the Supreme Court held that North Carolina’s satellite-based monitoring regime for sex offenders is a search, but left it to […]
May 1, 2018
Lab Fees Are a Cost, Not Restitution
Laboratory expenses for analysis of controlled substances used to be ordered as restitution. Since 2002, they have been a court cost. There is a difference.
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