Sentencing Archives – Page 14 of 60 – North Carolina Criminal Law

Terminal CRVs

January 11, 2018 Jamie Markham

The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory was that CRV would serve as a temporary intervention for technical violations (90 days for a felony or up to 90 days for a misdemeanor), … Read more

Some Additional Thoughts on the New Cost and Fine Waiver Procedures

January 5, 2018January 4, 2018 Jamie Markham

With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.

Adequate Notice of a Probation Violation: State v. Moore

January 11, 2018December 15, 2017 Jamie Markham

When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme court tells us in State v. Moore.

Some FAQ about Place of Confinement

December 7, 2017December 7, 2017 Jamie Markham

The chart available here summarizes the rules for the proper place of confinement for felonies, misdemeanors, and impaired driving. But additional questions come up from time to time that don’t fit neatly in a chart. Today’s post attempts to answer some of them.

A Short Graphic Novel on How a Felony Sentence Is Served

November 16, 2017 Jamie Markham

I wrote a comic book about prison. Let me explain why.

New Gang Sentencing Enhancements

November 9, 2017November 9, 2017 Jamie Markham

Two new sentencing enhancements related to gangs will come into effect for offenses committed on or after December 1, 2017.

Jail Credit Basics

October 27, 2017October 26, 2017 Jamie Markham

I get at least one jail credit question almost every day. How jail credit is tabulated and applied can be as important as the sentence itself in determining how long a person will be behind bars. Today’s post covers the basics, which are sometimes misunderstood.

I’m Just a Civil Judgment

October 19, 2017 Jamie Markham

Many of you probably remember the “I’m Just a Bill” segment from the Schoolhouse Rock! series. It explained—through a musical number that will be stuck in your head all day—how a bill becomes a law. I didn’t compose a song, but in today’s post I’ll attempt to explain what actually happens to the thousands of civil judgments entered for various monetary obligations in criminal court.

Is the Court of Appeals Signaling Less Forgiveness with SBM cases?

October 17, 2017 Phil Dixon

Maybe so, if two decisions from earlier this month are any indication. They are: State v. Bishop, ___ N.C. App. ___ (Oct. 3, 2017), where the court refused to consider arguments about the reasonableness of satellite-based monitoring (“SBM”) when the issue was not preserved or properly appealed, and State v. Greene, ___N.C. App. ___ (Oct. 3, 2017), where the court refused to remand a SBM hearing when the State failed to present sufficient evidence of the reasonableness of SBM. Before I discuss those cases, some background first.

The Prior Probation Violation Aggravating Factor

October 6, 2017October 4, 2017 Jamie Markham

One of the statutory aggravating factors for felony sentencing is that the defendant has, during the 10-year period prior to the commission of the offense now being sentenced, been found to be in willful violation of probation, post-release supervision, or parole. G.S. 15A-1340.16(d)(12a). It sounds straightforward enough, but it turns out to be a little tricky to apply in practice.