Two More Absconding Revocations Overturned (March 2, 2018)
Jamie Markham
It seems to be getting harder, not easier, to say what it means to abscond from probation.
BLOG
March 2, 2018
It seems to be getting harder, not easier, to say what it means to abscond from probation.
READ POST "Two More Absconding Revocations Overturned (March 2, 2018)"February 23, 2018
I get a lot of questions about court costs and other monetary obligations. Jail fees seem to be a particular concern. Let’s talk about all the money that could change hands for every day an inmate spends in jail.
READ POST "All the Jail Fees (February 23, 2018)"February 16, 2018
The recent sentencing hearings for U.S.A. Gymnastics doctor Larry Nassar showed the power of victim impact testimony. Victim after victim testified about Nassar’s abuse and the harm it has caused. Today’s post covers the appropriateness of that type of testimony in North Carolina.
READ POST "Victim Impact Evidence at Sentencing (February 16, 2018)"February 9, 2018
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.
READ POST "Substance Abuse Treatment Isn’t Medical or Psychiatric Treatment for Probation Purposes (February 9, 2018)"February 2, 2018
The Administrative Office of the Courts has submitted its annual report on criminal cost waivers to the General Assembly. The report, available here, tracks court cost waivers under G.S. 7A-304(a)—among other things.
READ POST "2018 Cost Waiver Report Available (February 2, 2018)"January 26, 2018
Can a district court judge enter a deferred prosecution order or conditional discharge for a defendant charged with a felony?
READ POST "Felony Deferrals in District Court (January 26, 2018)"January 18, 2018
North Carolina law allows certain inmates to be released from incarceration to return to another country.
READ POST "Releasing Inmates to Other Countries (January 18, 2018)"January 12, 2018
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 […]
READ POST "Terminal CRVs (January 12, 2018)"January 4, 2018
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.
READ POST "Some Additional Thoughts on the New Cost and Fine Waiver Procedures (January 4, 2018)"December 15, 2017
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.
READ POST "Adequate Notice of a Probation Violation: State v. Moore (December 15, 2017)"