Sometimes a good defense to an alleged probation violation is not about the violation itself, but rather about the underlying conviction or sentence.
Sentencing
One Last Chance
As a parent, I try to be a consistent disciplinarian. I do my best to avoid empty warnings about the consequences of some action (or failure to act, as is often the case). But despite my best efforts, even when a line has been crossed or a deadline has passed, I sometimes find myself giving my kids one last chance to get it right. I see the same “one last chance” phenomenon at work in State v. Yonce, 207 N.C. App. 658 (2010).
A Young Man with a Long History of Driving While Impaired
Rabah Samara, the young man who took the wheel of the Cadillac after it crashed into and killed sports reporter Stephen Gates as he was changing a tire on I-40 in 2003 and drove away from the scene, was back in Wake County criminal court yesterday. Samara, now 37, plead guilty to misdemeanor impaired driving—resolving his fourth charge for that offense—and was sentenced to three years of probation and 14 days of imprisonment, which he may serve on weekends. The News and Observer reported that Stephen Gates’ mother, Pat Gates, watched Samara’s hearing from the front row of the courtroom.
90-96 for Everything
G.S. 90-96 sets out a conditional discharge option for certain drug offenses. A conditional discharge is different from a deferred prosecution. In a conditional discharge program, the defendant is convicted (either after a trial or by pleading guilty), but then placed on probation without the court actually entering judgment in the case. If the defendant … Read more
When Tragic Accidents Also Are Crimes
The fields of the Capital Area Soccer League were a sea of blue again last night. Players of all ages shelved their regulation orange jerseys and wore blue—Laura Yost’s favorite color—instead. They wore blue last week too. Last week’s blue was to support fellow soccer player Laura, who was hospitalized after she was critically injured … Read more
You Get What You Get and You Don’t Throw a Fit
My daughter is awfully fond of this expression (when applied to one of her brothers, of course). Turns out it also is apropos for this week’s court of appeals decision in State v. Shaw. Facts. The defendant in Shaw pled guilty to misdemeanor DWI in superior court. The trial court found one grossly aggravating factor, … Read more
Jail, Prison, or SMCP? A Place of Confinement Chart
You know I love a chart. I’ve made sex offender charts, Justice Reinvestment charts, maximum sentence charts, and drug trafficking charts. You should see the charts I make for family vacations! Today’s post presents a new chart detailing the proper place of confinement for all sorts of incarceration that a court might order, either at … Read more
Evidence and Arguments about Prison Life in Capital Cases
During the second phase of a capital trial, the jury must decide whether to sentence the defendant to death or to life in prison. The jury’s perception of prison life may influence that decision. If the jury believes that prison life is comfortable, it may be more inclined to impose a death sentence, while if … Read more
Death Sentences Increase Slightly in North Carolina
I spent a few minutes this morning looking at death penalty data. As most readers know, North Carolina hasn’t had an execution since 2006, as a result of litigation over lethal injection and the Racial Justice Act. But the death penalty remains on the books, the State may seek it, and juries may impose it. … Read more
Sentencing the Worst Kind of DWI
Most impaired drivers arrive at their destinations without harming themselves or anyone else. And few such drivers are actually stopped by police. That may explain why eight percent of people nationwide who were over 16 years old reported riding in a vehicle with a driver they thought may have consumed too much alcohol to drive … Read more