North Carolina Criminal Law

It’s October 1 and a lot of new laws come into effect today. Among them is the portion of S.L. 2013-101 that amended the felony sentencing grid. The revised grid, […]

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“I wish I knew more about what’s out there.” That was the comment from a thoughtful superior court judge attending a sentencing law class at the School of Government. We […]

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A defense lawyer from another state recently asked me if it was possible to get probation for involuntary manslaughter in North Carolina. It is apparently possible but uncommon in his […]

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Special probation, commonly referred to as a split sentence, is a powerful sentencing tool. It allows the judge to impose a mix of imprisonment and probation that can achieve multiple […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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