Articles in the Sentencing category - Page 21 of 63

What’s a structured intervention worksheet? What’s a Carey Guide? And what do judges and lawyers need to know about those things to interface with Probation effectively?

When a defendant is convicted of a reportable sex crime, someone is required to give him or her notice of the duty to register. Who does it depends on whether or not the defendant receives an active sentence.

Can a court respond to the same offending behavior by a probationer more than once?

Several years ago the School obtained a grant from the Z. Smith Reynolds Foundation to create an online, searchable database of the collateral consequences of a criminal conviction in North Carolina. In 2012, after two years of legal and IT work, we launched the Collateral Consequences Assessment Tool, or C-CAT for short, to assist attorneys, reentry professionals, affected individuals, and policymakers in understanding the impact of a criminal conviction. We’re happy to announce we have given C-CAT a new look. It is available, still at no charge, at http://ccat.sog.unc.edu/.

The 2016-2017 edition of the North Carolina Sentencing Handbook with Felony, Misdemeanor, and DWI Sentencing Grids, authored by me and Shea, is available from the School of Government. Like previous editions, it contains instructions on felony sentencing, misdemeanor sentencing, and DWI sentencing; the sentencing grids themselves; and various appendices that may be helpful in your work.

The rules limiting consecutive sentences for misdemeanors can be tricky. This post addresses some of the issues that come up from time to time.

May probation pursuant to a deferred prosecution or conditional discharge include incarceration?

Not all changes to a person’s probation happen after a hearing. Many changes are made in chambers (or some other location other than the courtroom), with the consent of the parties. Though it happens all the time, the General Statutes don’t really say much about it. Today’s post covers some of the issues that can arise.

Sometimes there is a delay between when the court pronounces a sentence and when the judgment is actually signed. When that happens, questions can arise about when the sentence begins. […]

A person convicted of a felony is eligible for an additional prior record point if “the offense was committed while the offender was on supervised or unsupervised probation, parole, or post-release supervision, or while the offender was serving a sentence of imprisonment, or while the offender was on escape from a correctional institution.” G.S. 15A-1340.14(b)(7). I call that point the “under supervision” bonus point. Though part of the defendant’s prior record level, the point is probably best thought of as an aggravating factor. A recent court of appeals case reminds us why.