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? […]
July 11, 2013
Uncontroverted Mitigating Factors
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 […]
July 8, 2013
Court of Appeals Decides an Absconding Donut Hole Case
Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The […]
June 26, 2013
More Justice Reinvestment Clarifications Become Law
The Justice Reinvestment Act became law in 2011. S.L. 2011-192. Even before its initial effective date it was amended in 2011 by a technical corrections act. S.L. 2011-412. It was […]
June 11, 2013
Why Trafficking Really Bites
Drug trafficking offenses can lead to really long sentences, and not just because of the special minimums and maximums that apply to those crimes. Consider this example: My husband and […]
June 6, 2013
Do Old DWIs Count toward Felony Prior Record Level?
Author’s note: This post has been updated since its initial publication. The original version overlooked G.S. 15A-1340.11(7), a statute that is clearly relevant to the discussion. Do old (as in, […]
May 28, 2013
Restitution “TBD by the Probation Officer”
May a judge delegate to a probation officer the task of setting the amount of restitution owed to a victim? For several reasons, my standard answer to that recurring question […]
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