North Carolina Criminal Law

This is not a sports story – despite what the title may suggest. Besides, I am so over March Madness.  There was a little too much madness and not enough […]

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Almost two years after the United States Supreme Court decided Miller v. Alabama, the question of whether the case applies retroactively to convictions that became final before it was decided […]

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Or is it addendums? Take your pick. Regardless, today’s post covers some of the issues that arise when a probation officer files an addendum to a probation violation report. I’ll […]

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When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, […]

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Is it a crime to attempt to drive while impaired? Consider these facts. Suppose a law enforcement officer sees a person stumble to a car outside of a bar, unlock […]

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As I’ve noted in prior posts, some people just want to serve their time in prison. For one reason or another, they do not want to be on probation. For […]

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Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]

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A defendant’s prior North Carolina juvenile adjudications never count for sentencing points. That is true for felonies and misdemeanors alike. The definition of a “prior conviction” in Structured Sentencing (G.S. […]

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Today’s post is about a recurrent question related to jail credit for periods of confinement in response to violation (CRV). First, a 30-second refresher on the basics of CRV. When […]

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Author’s Note:  The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here.   How can a sentencing factor found by a judge that […]

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