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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 […]
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.
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.
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.
I wrote a comic book about prison. Let me explain why.
Two new sentencing enhancements related to gangs will come into effect for offenses committed on or after December 1, 2017.
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.
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.
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.
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.