Articles in the Sentencing category - Page 39 of 63

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

(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 […]

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? […]

Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory […]