Articles in the Sentencing category - Page 59 of 64

How long can a defendant be on probation for a single conviction? A.      Five years. B.      Eight years. C.      It depends. The best answer is C. A judge can sentence […]

Defendants are generally pretty happy to get a PJC. When a judge continues prayer for judgment the defendant avoids punishment and is often able to sidestep a car insurance rate […]

Last week the court of appeals decided State v. Wagoner, its latest case involving satellite-based monitoring (SBM) of sex offenders. Mr. Wagoner, who had previously been convicted of multiple reportable […]

After my earlier post about nonstatutory aggravating factors, a reader took me up on my offer to write about nonstatutory mitigating factors. In addition to the twenty mitigating factors spelled […]

If a 0.15 alcohol concentration is not admitted at trial or sentencing, does it count for limited privilege purposes? I discussed in an earlier post circumstances in which the Confrontation […]

By special request, this post recaps the law of nonstatutory aggravating factors. Under G.S. 15A-1340.16(d), the State may, in addition to the 25 statutory aggravating factors set out in that […]

What does it mean to “abscond” from probation supervision? “Absconder” is not defined statutorily; rather, it is defined in Division of Community Corrections (DCC) policy as “an offender who is […]

There has been an endless parade of relevant news over the past week or so. First, Justice Sonia Sotomayor was confirmed by the Senate and sworn in. This New York […]

The General Assembly has passed several interesting pieces of legislation recently, but none are more consequential than S 920, the probation reform bill signed by Governor Perdue last week. I […]

Donna Defendant’s license was revoked on May 1, 2007 upon her conviction of driving after consuming in violation of G.S. 20-13.2. On January 15, 2008, Donna Defendant was charged with […]