Articles in the Sentencing category - Page 54 of 63

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]