FAQs about Coronavirus and the Correctional System
Today’s post shares my answers to some of the questions I have been asked related to the impact of the coronavirus pandemic on the correctional system. As you might imagine, […]
March 16, 2020
The Correctional System Responds to COVID-19 (and Some Preliminary Thoughts on Minimizing Correctional Interactions)
Shea’s earlier post discussed the court system’s response to COVID-19. This post shares some related information from the state correctional system.
March 3, 2020
Does a “Prayer for Judgment Continued” Differ Very Much from a “Prayer for Judgment Granted”?
Once upon a time in the North Carolina courts, a prayer for judgment continued (PJC) could have a positive impact on a person’s future. Essentially, the prosecution would pray—that is, […]
February 27, 2020
Intermediate Probation Conditions
I have been asked a few times lately which conditions of probation are “intermediate” conditions of probation. It turns out to be a little bit complicated.
February 19, 2020
Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule
In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that […]
February 14, 2020
Motion to Remit Monetary Obligations
In today’s post I’m sharing two draft forms with which a defendant might gather information about his or her financial situation and, based on that situation, request relief from various […]
January 30, 2020
The Two First Step Acts
Judges, inmates, and others have asked me about the First Step Act, wondering whether it entitles certain defendants to a reduced sentence or an early release from prison. The confusing […]
January 16, 2020
A Conditional Discharge Is Not a Conviction for Purposes of the Federal Felon-in-Possession Law
In United States v. Smith, 939 F.3d 612 (4th Cir. 2019), the Fourth Circuit held that a defendant who received a conditional discharge for a prior felony was not “convicted” […]
December 20, 2019
Twenty-Five Year Reviews of Life Without Parole Sentences Are Underway
Under a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed during that window are entitled to a judicial […]
December 4, 2019
No Appeal of Revocation of Deferred Prosecution Probation
The Court of Appeals recently held in State v. Summers that a defendant has no right to appeal when deferred prosecution probation is revoked.
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