School Bus Safety (August 29, 2013)
Shea Denning
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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August 29, 2013
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 […]
READ POST "School Bus Safety (August 29, 2013)"August 28, 2013
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 […]
READ POST "Revised Sex Offender Flow Chart (August 2013 Edition) (August 28, 2013)"August 15, 2013
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 […]
READ POST "Options to Mitigate Sentences for Drug Trafficking (August 15, 2013)"August 14, 2013
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 […]
READ POST "Changes in Federal Drug Prosecutions — Spillover in State Court? (August 14, 2013)"August 8, 2013
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 […]
READ POST "Prior Record Points for Out-of-State Convictions (August 8, 2013)"July 31, 2013
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. […]
READ POST "Time Served (July 31, 2013)"July 25, 2013
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 […]
READ POST "Probation for Contempt (July 25, 2013)"July 23, 2013
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 […]
READ POST "Misdemeanor Reclassification, the Right to Counsel, and the Budget (July 23, 2013)"July 22, 2013
(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 […]
READ POST "No Good Time to Be Had for Level A1 DWI Inmates (July 22, 2013)"July 16, 2013
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? […]
READ POST "No Appeal of Confinement in Response to Violation (July 16, 2013)"