North Carolina Criminal Law

In 2008 the General Assembly created the new crimes of rape and sexual offense with a child by an adult offender (G.S. 14-27.2A and -27.4A, respectively). S.L. 2008-117. They have […]

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The North Carolina Sentencing and Policy Advisory Commission and the Division of Adult Correction recently released their Correctional Program Evaluation: Offenders Placed on Probation or Released from Prison in FY […]

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Sentencing nerds rejoice. The North Carolina Sentencing and Policy Advisory Commission released its annual statistical report last week. The report is available here.

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When can money owed as the result of criminal case be docketed as a civil judgment?

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Probation that includes incarceration is “special probation.” But it’s still probation.

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Much has been written—and much of it by the Supreme Court—on the proper way to find aggravating factors for sentencing. After Apprendi v. New Jersey, Blakely v. Washington, and countless cases at […]

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Can a probationer be revoked for a violation of the “commit no criminal offense” probation condition if the violation report alleges only that the person has been charged with a crime?

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These days, figuring out the permissible ways to respond to a probation violation is easy. All you need to know is the date of the offense for which the person […]

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Two new cases from the court of appeals, both involving defendants named Johnson, shed more light on the meaning of “absconding” from probation.

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Some felony probationers ordered to serve a period of confinement in response to violation (CRV) wind up spending more time behind bars than they would have if their probation been […]

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