Articles in the Sentencing category - Page 53 of 63

The court of appeals decided two satellite-based monitoring cases last week, State v. May and State v. Cowan. The May case—which primarily orders the correction of a clerical error—reminds us […]

Every now and then I get a call—usually from a concerned citizen or a prosecutor—asking whether it’s okay for a sex offender to be living in the same residence as […]

Last Friday, after years of litigation and months of deliberation, the Supreme Court of North Carolina issued its decision in Jones v. Keller. The case resolves the question of what […]

In 2009 the General Assembly ordered the Administrative Office of the Courts and the Department of Correction to study the feasibility of conducting presentence investigations on “all offenders convicted of […]

I recently finished a comprehensive update of my Sex Offender Registration and Monitoring Flow Chart. It’s available here. As before, it includes a list of all reportable crimes (with a […]

In the recently-completed legislative session, the General Assembly passed several new laws regarding sentencing, corrections, and similar subjects. Frequent blog contributor and School of Government faculty member Jamie Markham has […]

The court of appeals issued three opinions on Tuesday involving satellite-based monitoring (SBM) of sex offenders. In all three, offenders challenged trial court determinations that they had to enroll in […]

I am sometimes asked if a conviction for which prayer for judgment has been continued (a PJC) can be expunged. It’s a sensible question, given—as I’ll discuss in a moment—that […]

Back in March I wrote a post on restitution to government agencies, setting out the general rule in G.S. 15A-1340.37(c) that “[n]o government agency shall benefit by way of restitution except for […]

The court of appeals issued its decision yesterday in a case called State v. Miller. It answers a question I get asked a lot: Can an active sentence be served […]