Advanced Supervised Release
The Justice Reinvestment Act (S.L. 2011-192) creates a new program called Advanced Supervised Release (ASR). Through it, certain inmates will be eligible for release from prison before serving their minimum […]
August 29, 2011
Spot Sentencing
Every cell on the felony sentencing grid is divided into three ranges of permissible minimum sentences—mitigated, presumptive, and aggravated. Most defendants (69 percent) are sentenced in the presumptive range, about […]
August 24, 2011
DWI Sentencing Changes
In addition to enacting the aggravated level one punishment for impaired driving discussed here, the 2011 General Assembly amended the requirements for imposing a Level One impaired driving sentence, effective […]
August 22, 2011
Waivers of Counsel at Probation Violation Hearings
In North Carolina a probationer has a statutory right to counsel at a probation violation hearing. G.S. 15A-1345(e); G.S. 7A-451(a)(4). The probationer can also waive the right to assistance of […]
August 9, 2011
Drug Trafficking Chart
Jeff mentioned in this prior post that S.L. 2011-12 created three new drug trafficking crimes—trafficking in MDPV, mephedrone, and synthetic cannabinoids. I have incorporated those new crimes (effective for offenses […]
August 8, 2011
Certificate of Relief from Collateral Consequences of a Criminal Conviction
In 2010, the Uniform Law Commission (also known as the National Conference of Commissioners on Uniform State Laws) adopted the Uniform Collateral Consequence of Conviction Act to assist states in […]
August 2, 2011
Prior Record Level for Possession of a Firearm by a Felon
The court of appeals issued opinions today. I haven’t looked at all of them, but State v. Best jumped out at me because it provides an authoritative answer to a […]
August 1, 2011
Credit for Work and Educational Programs in the Jail
One of the goals of the Justice Reinvestment Act is to have more misdemeanants serve their time in the county jail instead of the Department of Correction. I’ll write soon […]
July 28, 2011
Post-Release Supervision for Aggravated Level One DWI Offenders
Shea Denning summarized S.L. 2011-191, Laura’s Law, in a prior post. To recap, the law adds a new punishment level for impaired driving sentencing, Aggravated Level One (hereinafter Level A1), […]
July 21, 2011
Changes to Post-Release Supervision for Sex Offenders
I mentioned in my previous post that the Justice Reinvestment Act (JRA) is not the only new legislation that impacts post-release supervision (PRS). This post looks at S.L. 2011-307, which […]
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