September 22, 2017
I wrote a post in July asking whether conditional discharge under G.S. 90-96(a) is discretionary or mandatory for a consenting defendant. A case decided this week offers some clarification.
September 15, 2017
A probation violation need not be alleged with the technical precision of an indictment, but there are still some rules about the right way to prepare a probation violation report.
September 5, 2017
In getting ready for the North Carolina magistrates’ fall conference and a session that I’m teaching on issuing process in domestic violence cases, I began thinking about the ways that […]
August 25, 2017
A recent appellate case sheds additional light on what it means to abscond from probation.
August 11, 2017
On December 1, 2017, two new rules will kick in for waivers and remissions of costs, fines, and restitution. Today’s post offers some preliminary thoughts on those new rules.
August 8, 2017
If you’ve noticed an uptick in probation hearings on extensions, today’s post may help explain why. As of last month, Community Corrections will no longer seek ordinary extensions of probation […]
August 4, 2017
When determining a defendant’s prior record level for felony sentencing, prior convictions count for points according to their classification as of the offense date of the crime now being sentenced. […]
July 27, 2017
Whether or not to grant a conditional discharge for an eligible defendant under G.S. 90-96(a) used to be within the discretion of the trial judge. In 2011, Justice Reinvestment made […]
July 20, 2017
Can a person convicted and sentenced to prison in North Carolina serve the time in another state? Can a person convicted elsewhere serve his or her sentence here?
July 13, 2017
With another legislative session in the books, it’s time for an update to the sex offender registration and monitoring flow chart.