A special purpose extension of probation is permitted only for certain specified purposes. According to a case decided earlier this week, substance abuse treatment isn’t one of them.
Sentencing
Felony Deferrals in District Court
Can a district court judge enter a deferred prosecution order or conditional discharge for a defendant charged with a felony?
Releasing Inmates to Other Countries
North Carolina law allows certain inmates to be released from incarceration to return to another country.
Terminal CRVs
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
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
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.
New Gang Sentencing Enhancements
Two new sentencing enhancements related to gangs will come into effect for offenses committed on or after December 1, 2017.