Articles in the Sentencing category - Page 42 of 63

Sometimes, after being convicted and sentenced to jail or prison, a defendant asks for a little time to get his or her affairs in order before the sentence begins. Can […]

Can a probation officer arrest a person being supervised pursuant to a deferred prosecution agreement or G.S. 90-96 judgment? I’ve been asked that question a lot lately. I suspect it […]

This post discusses what may be the single most common error in habitual felon proceedings: having a defendant stipulate, rather than plead guilty, to being a habitual felon. Must plead […]

I don’t mean to cast aspersions on the Garden State, but it seems like there are a lot of people here in North Carolina with criminal records from New Jersey. […]

Earlier in the week, the court of appeals decided State v. Lovette, the appeal of one of the defendants convicted of killing UNC student body president Eve Carson. The case […]

Last week I wrote about the North Carolina law that makes it a crime for any registered sex offender to use a commercial social network, G.S. 14-202.5. In that post […]

In last week’s news roundup, Shea mentioned Doe v. Prosecutor, Marion County, Indiana, a recent case in which the United States Court of Appeals for the Seventh Circuit struck Indiana’s […]

Yesterday’s post was about the prior record point that applies when all the elements of the offense being sentenced are included in one of the defendant’s prior offenses. Today’s post […]

In addition to the regular sentencing points assigned to a defendant based on his or her prior convictions, there are two additional “bonus points” that apply in certain circumstances. One […]

As I traveled around the state teaching about the Justice Reinvestment Act, I had lots of discussions about the various types of confinement that can now be ordered in response […]