Can You Expunge a PJC?
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 […]
July 9, 2010
Restitution for Drug-Buy Money
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 […]
July 7, 2010
Noncontinuous Active Sentences
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 […]
July 1, 2010
Sentencing for Shoplifting
Some crimes have their own sentencing regime—impaired driving, drug trafficking, and first-degree murder to name a few. There are also crimes that fall under Structured Sentencing but that also have […]
June 21, 2010
Restrictions on Computer or Internet Use as Part of a Sentence
Jamie recently blogged here about ad hoc conditions of probation, i.e., conditions other than the statutory ones. Because I’m interested in criminal law and technology, I wanted to add a […]
June 16, 2010
Sentence Reduction Credit: The Basics
In several prior posts (including this one) I provided a link to the Department of Correction’s administrative regulation on sentence reduction credits. I’ve written about the credits applicable in impaired […]
June 10, 2010
Good Time, Bureau of Prisons Style
The Supreme Court issued its opinion in Barber v. Thomas on Monday, upholding the manner in which the Federal Bureau of Prisons (BOP) calculates “good time credits” under 18 U.S.C. […]
June 1, 2010
Ad Hoc Conditions of Probation
Under G.S. 15A-1343(b1)(10), a court may, in addition to the regular conditions of probation and any statutory special conditions, require a defendant to “[s]atisfy any other conditions determined by the […]
May 24, 2010
The $600 Lab Fee
I’ve heard a few recurrent questions recently regarding the imposition upon a defendant’s conviction of a $600 fee for support of the State Bureau of Investigation or for law enforcement […]
May 19, 2010
United States v. Comstock
Jamie mentioned yesterday that the Supreme Court decided two important cases this week. Graham v. Florida, which Jamie covered yesterday, is the blockbuster, but United States v. Comstock is also […]
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