A few weeks ago, the General Assembly passed, and the Governor signed into law, S.L. 2025-71. The bill makes quite a few changes to the criminal law. It creates new crimes, like a larceny offense specific to gift cards; enhances the penalties for existing crimes, including certain racing and reckless driving offenses; and creates sentencing enhancements when a gun is used in connection with specified drug crimes and offenses involving breaking or entering. Today’s post focuses on the bill’s amendment to G.S. 14-51, which addresses “first and second degree burglary.” Does the amendment quietly remove the element of burglary that requires the offense to be committed in the nighttime?
Uncategorized
News Roundup
The Alamo announced last week that it’s got Pee-wee’s stolen red bicycle, as foretold in the 1985 film “Pee-wee’s Big Adventure.” But the bike is not in the basement. The AP reports that the iconic bicycle will serve as a centerpiece in the Mays Family Legacy Gallery, part of a new visitor center and museum scheduled to open in fall 2027. Read on for more criminal law news.
The Evolving Law of Juvenile Jurisdiction
The law that governs which cases begin under juvenile jurisdiction changed three times between 2019 and 2025. Each change applies to offenses beginning on and after the effective date of the legislation and is impacted by subsequent changes. This blog pulls the different changes together in one place, providing the quick reference chart below to explain which cases begin under juvenile jurisdiction and which cases begin under criminal jurisdiction.
News Roundup
One of the top stories this week was the announcement by the Department of Justice that they intend to recommend a one-day, time-served sentence for former Louisville, Kentucky police officer, Brett Hankison. Hankinson was tried and convicted in federal court for using excessive force in violation of Breonna Taylor’s civil rights. Taylor was killed by police officers after they executed a no-knock search warrant around midnight on March 13, 2020. Taylor’s romantic partner mistook the officers for intruders and fired a shot, wounding one of the officers. Officers then collectively fired 22 shots, resulting in Taylor’s death. Although no shots fired by Hankinson hit Taylor, he fired ten times through a glass door and a window, and three of the shots entered an adjacent apartment occupied by another family. Hankinson’s conviction carries a maximum sentence of life, and his presentence report recommends a sentence of between 11- and 14-years imprisonment. The Justice Department contends that the felony conviction, lost firearms rights, and lost ability to work as a law enforcement officer is punishment enough, given that Hankinson did not injure anyone and was returning fire. Read on for more criminal law news.
May a Sheriff or a Deputy Enforce a Municipal Ordinance?
Municipal police have many duties, sometimes including enforcing municipal ordinances. Municipalities without their own police departments typically rely on the county sheriff to provide law enforcement services. The sheriff certainly has territorial jurisdiction to enforce state laws within city limits. But may the sheriff and his or her deputies also enforce municipal ordinances?
News Roundup
Floods have gripped the nation. From Texas, to New Mexico, to here in central North Carolina, severe floods have taken lives and devastated communities. In Texas, floods have killed over 120 people statewide, with over 160 still missing. Due to substantial damage, recovery efforts have slowed, signaling a long road ahead for those with missing loved ones. In New Mexico, flash flooding on Tuesday killed three people and severely damaged the mountain community of Ruidoso—which just spent a year recovering from devastating wildfires and flooding in 2024. Locally, tropical storm Chantal brought heavy flooding across five counties on Sunday evening, taking six lives. Thunderstorms and flooding have continued through the week, striking Durham on Wednesday and multiple counties last night. For those affected, click here for shelter options, water notices, and other flood relief resources. Local businesses and charities are also leading the way in collecting and distributing donations. Read on for the latest in criminal law news.
Highlights from the 2024 Sentencing Commission Statistical Report
Today’s post reviews the latest Structured Sentencing Statistical Report from the North Carolina Sentencing and Policy Advisory Commission.
New Report on the Use of Social Workers in NC Public Defender Offices
Last month, the School of Government’s Criminal Justice Innovation Lab released a new report evaluating the implementation of social work positions in North Carolina public defender offices. This report is the culmination of an eighteen-month partnership between the Lab and the Office of Indigent Defense Services (IDS) to learn more about the day-to-day function of social workers, explore the benefits and challenges of integrating social work staff, and develop recommendations for other offices interested to add or expand social work capacity. This post summarizes the findings from the implementation evaluation and the accompanying recommendations.
Delaying Initial Appearances and Detaining Impaired Drivers
After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S. 15A-501(2). This is for the judicial official—often a magistrate—to conduct an initial appearance. During an initial appearance, magistrates review the validity of the arrest, issue charging documents, inform the arrested person of their rights, and set pretrial release conditions (if the person is eligible). Considering these essential tasks, when may law enforcement or magistrates delay an initial appearance? And how would a delay affect a magistrate’s decision to impose an impaired driver hold under G.S. 15A-534.2, or vice versa? Read on to find out.