Uncategorized Archives – Page 114 of 310 – North Carolina Criminal Law

Terminal CRVs

January 11, 2018 Jamie Markham

The Justice Reinvestment Act created confinement in response to violation (CRV) as an alternative to revocation for technical violations (violations other than a new criminal offense or absconding). The theory was that CRV would serve as a temporary intervention for technical violations (90 days for a felony or up to 90 days for a misdemeanor), … Read more

Discovery of Officers’ Text Messages

January 8, 2018 Jeff Welty

More than a trillion text messages are sent each year in the United States alone. Some of these messages are work-related communications from law enforcement officers to fellow officers, witnesses, prosecutors, and others. Which, if any, of these messages are discoverable? How should officers preserve discoverable messages? Must prosecutors ask for officers’ text messages before providing discovery to the defense? This post begins to address these questions.

News Roundup

January 5, 2018 Christopher Tyner

The first week of the new year has been unusually cold and a mid-week winter storm created dangerous travel conditions across much of North Carolina. The Highway Patrol already had responded to hundreds of weather-related collisions at the time of writing, and frigid conditions are expected to cause hazardous conditions into the weekend. Thanks to law enforcement, emergency response, and other government agencies for their efforts during and after the storm. Stay safe and keep reading for more news.

Some Additional Thoughts on the New Cost and Fine Waiver Procedures

January 5, 2018January 4, 2018 Jamie Markham

With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions are rolling in about the new notice and hearing procedures for waivers and remissions of costs, fines, and restitution.

News Roundup

December 15, 2017 Christopher Tyner

On Monday morning, a man detonated a pipe bomb inside a subway corridor in New York, seriously injuring himself but, because the device malfunctioned, not causing serious harm to anyone else. Apparently intending to carry out a devastating suicide attack, Akayed Ullah posted a message on his Facebook page saying “Trump you failed to protect your nation,” and set off for the Port Authority Bus Terminal in Manhattan with a homemade pipe bomb strapped to his torso. The device did not fully detonate, likely sparing many lives. Ullah has told investigators that he carried out the attack for the Islamic State, and he has been charged with several terrorism offenses.

Keep reading for the final blog post of the year – the North Carolina Criminal Law blog is signing off for the holidays and wishing our readers a safe and happy season. We’ll have new posts beginning January 2.

Adequate Notice of a Probation Violation: State v. Moore

January 11, 2018December 15, 2017 Jamie Markham

When it comes to giving proper notice of a probation violation, what is the critical thing: identifying the condition actually violated, or describing the behavior constituting the violation? The supreme court tells us in State v. Moore.

Comparing Our Criminal Justice System to Mexico’s

December 11, 2017 Jeff Welty

Last week, I had the opportunity to help provide training to Mexican criminal justice professionals. The training included Mexican police, prosecutors, and forensic experts from multiple jurisdictions. I learned a great deal, and thought I would share my impressions briefly for those who are interested.

News Roundup

December 8, 2017December 8, 2017 Christopher Tyner

As the Charlotte Observer reports, a hacker attacked Mecklenburg County’s computer systems this week, locking the county out of its electronic files and demanding a ransom of two bitcoins to provide an encryption key. At the time of writing, two bitcoins were worth roughly $30,000. On Wednesday, Mecklenburg County Manager Dena Diorio said that the county will not pay the ransom and, instead, will fix the situation itself. The sensational story has become national news.

Some FAQ about Place of Confinement

December 7, 2017December 7, 2017 Jamie Markham

The chart available here summarizes the rules for the proper place of confinement for felonies, misdemeanors, and impaired driving. But additional questions come up from time to time that don’t fit neatly in a chart. Today’s post attempts to answer some of them.