Hip Pocket Jail Time for Probationers
Jamie Markham
The rules for sentencing a defendant to special probation—a split sentence—are set out in G.S. 15A-1351(a). Under that law, the court can order as part of a probationary sentence that […]
April 19, 2011
The rules for sentencing a defendant to special probation—a split sentence—are set out in G.S. 15A-1351(a). Under that law, the court can order as part of a probationary sentence that […]
Read post "Hip Pocket Jail Time for Probationers"April 8, 2011
As most of you probably know, G.S. 90-95(h) sets out special sentencing rules for drug trafficking offenses, including mandatory fines and minimum and maximum sentences that apply regardless of the […]
Read post "Habitual Drug Trafficking"March 2, 2011
Under G.S. 7A-272(c), the district court has jurisdiction to accept a defendant’s plea of guilty or no contest to a Class H or I felony in certain circumstances. The law […]
Read post "Class H and I Felonies in District Court"February 15, 2011
According to data from the Division of Community Corrections, 1270 probationers had their probation revoked in December 2010. Of those, 232 revocations were based on new crimes. I’ve written before […]
Read post "Revocation-Proof Convictions"February 3, 2011
North Carolina’s prisons are crowded now, but they were really crowded in the early 1990s. To keep the system functioning, the state ramped up the rules for sentence reduction credit […]
Read post "License Forfeitures Under G.S. 15A-1331A"January 19, 2011
The Supreme Court of the United States recently granted certiorari in a case originating out of North Carolina. United States v. McNeill, 598 F.3d 161 (4th Cir. 2010), cert. granted, […]
Read post "United States v. McNeill and How to Count Prior Convictions"January 6, 2011
The Department of Correction runs substance abuse treatment programs for probationers and certain parolees: DART-Cherry in Goldsboro for men, and, as of last year, Black Mountain Substance Abuse Treatment Center […]
Read post "90-Day DART-Cherry"December 21, 2010
It is a regular condition of probation for all supervised probationers that they “[r]emain within the jurisdiction of the court unless granted written permission to leave by the court or […]
Read post "Remain Within the Jurisdiction"December 15, 2010
A trial court is free to consider all kinds of information about a defendant when deciding on a sentence. See State v. Pope, 257 N.C. 326 (1962) (“[I]t would not […]
Read post "Improper Consideration at Sentencing of a Defendant’s Decision to Go to Trial"December 8, 2010
I am sometimes asked if a defendant convicted of a reportable sex crime can plea bargain his or her way out of the obligation to register. I have also been […]
Read post "Sex Offender Registration as a Bargaining Chip"