Modifying a Sentence upon Revocation of Probation
Jamie Markham
When a person’s probation is revoked, his or her suspended sentence is generally activated in the same manner in which it was entered by the sentencing judge. But a lot […]
June 3, 2014
When a person’s probation is revoked, his or her suspended sentence is generally activated in the same manner in which it was entered by the sentencing judge. But a lot […]
Read postMay 28, 2014
Yesterday, the United States Supreme Court decided Hall v. Florida, a case about the death penalty and intellectual disability. It’s an important case with implications for North Carolina. Background. In […]
Read postMay 20, 2014
The county is generally responsible for the cost of emergency medical care for jail inmates. G.S. 153A-224(b). It’s not always clear what constitutes an emergency, but state regulations include things […]
Read postMay 14, 2014
The General Assembly convened earlier today for its short session. While lawmakers’ primary focus doubtless will be the state budget, the legislature may again consider ways to address the persistent […]
Read postMay 12, 2014
When I talk about the “commit no criminal offense” probation condition, it’s almost always about one particular issue. May a pending charge (or even uncharged conduct) be considered as a […]
Read postMay 7, 2014
The most serious level of misdemeanor DWI is Aggravated Level One, which I generally refer to as Level A1. A defendant convicted of driving while impaired is subject to sentencing […]
Read postMay 5, 2014
Extraordinary mitigation—or, more precisely, dispositional deviation for extraordinary mitigation—under G.S. 15A-1340.13(g) is a way for the court to impose a probationary sentence for a defendant whose offense class and prior […]
Read postMay 1, 2014
The School of Government’s mobile app for Structured Sentencing is available for download. The version for Apple devices—iPhone and iPad—is in the iTunes App Store, linked here. (You’ll need at […]
Read postApril 28, 2014
A probationer is entitled to a hearing on an alleged probation violation, unless the hearing is waived. G.S. 15A-1345(e). What does it mean to waive a probation violation hearing? As […]
Read postApril 22, 2014
I was on spring break last week, which meant I had lots of time for uninterrupted reading while my kids entertained themselves at the pool. Okay, maybe not. Despite being […]
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