Probation Modifications for Good Cause
There need not be a violation for the court to modify probation.
Rules for Breath Tests in DWI Cases
The easiest way for the State to prove impairment in a prosecution for impaired driving is by introducing the results of a test of the defendant’s breath. Such test results […]
Fifth Circuit: Bail System Violates Due Process & Equal Protection
Organizations around the country have called for bail reform. Here at home, a report by the North Carolina Commission on the Administration of Law and Justice recommended that North Carolina […]
News Roundup
The hunt for a serial bomber in Austin, Texas, who killed two people and injured several others with homemade package bombs was this week’s leading national criminal law news story. […]
When Probation Ends
Knowing when probation begins is generally pretty easy. Figuring out when it ends can be a little trickier.
Field Trip to Community Corrections
This morning Jamie Markham and I loaded a passenger van with a group of district court judges who had come to the SOG for a week-long orientation course. We hauled […]
State v. McCaster and the Recalcitrant Probationer
Suppose a defendant is convicted of a class I felony and has a prior record level of I. That’s a “C” block on the felony sentencing grid, where only community […]
Determining Probable Cause for Drug Crimes without Field Tests
Some law enforcement agencies concerned about officers’ exposure to fentanyl have stopped field testing white powders. A question I’ve had several times is whether a magistrate may find probable cause […]
News Roundup
Students across the country walked out of class for 17 minutes at 10:00 a.m. Wednesday morning in a mass protest against gun violence in the wake of the school shooting […]
2018 Sentencing Commission Statistical Report Available
Spring is just around the corner. Daffodils. Daylight saving time. Filling out your bracket. And reading the annual Structured Sentencing Statistical Report for Felonies and Misdemeanors from the North Carolina Sentencing […]