Almost all states place some limitation on felons’ right to vote. Those limitations—which can be traced from ancient political traditions of “civil death” for certain crimes to more recent history in the post-Reconstruction United States—vary widely from state to state. They are sometimes controversial. For example, litigation involving Virginia’s restriction was mentioned in the July 29 News Roundup, with a follow-up on the ensuing executive action from the Washington Post here. Politics aside, today’s post covers some of the technical contours of North Carolina’s voting law for felons.
Sentencing
All the Probation Effective Dates
Any person, felon or misdemeanant, can be on probation for up to 5 years. In some cases—assuming you did the extension just right—probation could be as long as 8 years. So, there are some pretty old probation cases hanging around. But probation in North Carolina doesn’t look the same as it looked eight years ago. If you read this blog, you know that there have been many changes to North Carolina’s probation law over the past half-decade or so. The proper way to handle a violation hearing varies for the 86,653 people on probation today, depending on the date of their underlying offense, the date they were placed on probation, the date of their alleged violation, and the date of the violation hearing itself. Today’s post pulls a summary of those changes into one place, in the hope that it will help you apply the right law to the particular probationer before the court.
A Trip to DART Cherry
Last week, through a North Carolina Judicial College program, a group of judges, lawyers, and clerks visited DART Cherry, the state’s lone residential chemical dependency treatment facility for male probationers and parolees. It was an informative visit that, frankly, busted some myths about DART Cherry. Today’s post passes along some of what we learned.
Three Things about NC’s Seat Belt Law You May Not Know
State law has mandated seat belt use by North Carolina motorists for more than thirty years. The seat belt law has, however, changed a bit over time. As a result, not everyone is clear on who is covered, what is required, and what the penalties are for violations. This post covers the particulars of North Carolina’s seat belt requirements and addresses three common areas of confusion.
Sufficient Evidence of a Probation Violation
Probation violations need not be proven beyond a reasonable doubt. All that’s required is sufficient evidence to “reasonably satisfy” the judge that a violation occurred. What constitutes competent evidence of a probation violation? And how much proof is enough?
Revised Law Green-Lights Restitution to Insurers
For many years North Carolina law has prohibited insurers from receiving restitution directly from criminal defendants. That prohibition will end on December 1, 2016.
Consecutive Sentences for Criminal Contempt
One of the first posts I wrote on this blog was about the punishment for criminal contempt. The post included a discussion about whether sentences for contempt could be run consecutively—something our appellate courts hadn’t yet ruled on at the time. In State v. Burrow, decided last week, the court of appeals approved a trial court’s orders sentencing a defendant to six consecutive 30-day terms of imprisonment for contempt.
New Case on “Commit No Criminal Offense” Probation Violations Involving a Pending Charge
State v. Hancock, decided this week by the court of appeals, sheds new light on violations of the commit no criminal offense probation condition involving a pending charge.