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Identity Theft

Every year the Federal Trade Commission releases a list of top consumer complaints received by the agency. In 2012–for the 12th year in a row–identity theft complaints topped the list. The North Carolina Department of Justice reports that in this state, about 300,000 people are victimized annually by identity theft. In fact, five North Carolina … Read more

News Roundup

Last night, I attended the annual awards dinner for the North Carolina Bar Association’s Criminal Justice Section. It was fantastic and inspiring, as it is every year. Congratulations to long-time Cumberland County assistant district attorney Cal Colyer, the first person other than an elected district attorney to win the Peter Gilchrist award, and to Charlotte … Read more

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Everything You Always Wanted to Know about Expunctions . . .

A new guide on obtaining relief from a criminal conviction—Relief from a Criminal Conviction: A Digital Guide to Expunctions, Certificates of Relief, and Other Procedures in North Carolina—is now available from the School of Government. This online tool explains in one place the mechanisms available in North Carolina for obtaining relief from a criminal conviction, … Read more

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Forfeiture of Counsel and “Gray Area” Defendants

I’ve previously written on this blog (here) about forfeiture of counsel. As I’ve noted, waiver is different from forfeiture. A waiver of counsel involves a knowing, voluntary, and intelligent relinquishment of the right to counsel. Forfeiture of the right to counsel involves an involuntary relinquishment of the right, typically because of misconduct. A recent case, … Read more

Military Service as a Mitigating Factor

Over the weekend we observed Veterans Day. Thank you to all who have served. [Editor’s note: Jamie is himself an Air Force veteran, as he mentions below, so thanks to him for his prior service in addition to his current outstanding work.] The holiday calls to mind the sentencing mitigating factor set out in G.S. … Read more

News Roundup

Everyone knows the headline results from Tuesday: President Obama was re-elected; Pat McCrory will be the next governor; Republicans control the General Assembly; and Justice Newby narrowly retained his seat. But there are lots of interesting details in the State Board of Election’s preliminary results, here. For example: Every district attorney who ran this year … Read more

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Note Taking by Jurors

The N.C. AOC’s website indicates that the current pay rate for jurors in North Carolina is $12 for the first day of service, $20 for days two through five; and if you serve for more than five days, you get a bonus: $40 for every day after day five. [Editor’s Note: I discussed juror pay … Read more

Election Day

It’s election day, and the various national and state contests have potentially significant implications for criminal law. My rundown of the top races and issues is below, but please weigh in if you think I’m missing something major. Presidential election. Crime and punishment hasn’t been a major focus of the campaign. Some argue that Governor … Read more

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Insurance Points: Yet Another Cost of Traffic Convictions

Jeff wrote last week about the court costs associated with traffic infractions, which are significant, even for minor traffic offenses. As he mentioned, these costs are not the only financial burden imposed upon drivers found responsible for traffic infractions or convicted of traffic offenses.  Drivers who seek representation in such proceedings also incur attorney’s fees.  … Read more