School Bus Safety
School started back this week across the state, which means that many school buses are traveling the roadways. Buses in my neighborhood hit the pavement early—one drove by this morning […]
August 28, 2013
Revised Sex Offender Flow Chart (August 2013 Edition)
With another legislative session in the books, it’s time once again for a revised sex offender flow chart. The revised chart is available here. The changes are summarized below. New […]
August 15, 2013
Options to Mitigate Sentences for Drug Trafficking
North Carolina’s special sentencing rules for drug trafficking are tough. A recently revised summary of those rules is available here. They include mandatory imprisonment and fines that go well beyond […]
August 14, 2013
Changes in Federal Drug Prosecutions — Spillover in State Court?
Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post […]
August 8, 2013
Prior Record Points for Out-of-State Convictions
Improper counting of a defendant’s prior out-of-state convictions is a common sentencing error. This post collects the law on the subject, including the many appellate cases decided over the past […]
July 31, 2013
Time Served
Which of the following defendants may be sentenced to “time served” (choose all that apply)? A. A felony defendant with 5 months of jail credit sentenced to 6–17 months. B. […]
July 25, 2013
Probation for Contempt
Sentences for criminal contempt may be suspended. That has been understood as a matter of case law for a while, see Bishop v. Bishop, 90 N.C. App 499 (1988), and […]
July 23, 2013
Misdemeanor Reclassification, the Right to Counsel, and the Budget
The legislature has agreed on a budget, and it contains some provisions that will impact misdemeanor sentencing and the appointment of counsel — potentially in tens of thousands of cases […]
July 22, 2013
No Good Time to Be Had for Level A1 DWI Inmates
(Editor’s note: Jamie Markham is a co-author of this post.) Level A1 DWI. The General Assembly created Aggravated Level One sentencing for misdemeanor impaired driving in 2011. See S.L. 2011-191 […]
July 16, 2013
No Appeal of Confinement in Response to Violation
There are frequently asked questions, and then there are very frequently asked questions. Regarding Justice Reinvestment, there has been no more frequently asked question than this: Can you appeal a CRV? […]
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- Maggie Bailey
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