A UNC School of Government Blog
I’ve written several posts (the latest one here) about the availability of a limited driving privilege for a person whose driver’s license is revoked upon conviction of impaired driving in violation of G.S. 20-138.1. A limited driving privilege is a judgment issued in the discretion of the court authorizing a person with a revoked driver’s … Read more
G.S. 14-196.3 prohibits “cyberstalking,” which the statute generally defines to mean using electronic communications to threaten, extort, make an abusive or embarrassing false statement about, or repeatedly harass another person. As Jessie noted in this prior post, cyberstalking has become a frequently charged offense. It can be committed by text message, email, Facebook, and other … Read more
In 2008 the General Assembly enacted two new crimes, rape of a child by an adult offender under G.S. 14-27.2A, and sexual offense with a child by an adult under G.S. 14-27.4A. S.L. 2008-117. Both crimes have special sentencing rules and special provisions for lifetime satellite-based monitoring. Today’s post responds to some of the questions … Read more
G.S. 90-95(a)(1) makes it a crime to knowingly sell or deliver a controlled substance to another person. As a general rule, the delivery of marijuana—a Schedule VI controlled substance—is a Class I felony. G.S. 90-95(b)(2). However, the statute provides that it is not a delivery to transfer for no remuneration less than 5 grams of … Read more
Thanksgiving is my favorite holiday. It puts me in a good mood. I suspect that certain holidays put other people — like judges — in a good mood, too. And there’s some evidence that judges’ sentencing decisions are influenced by factors similar to mood, like the widely-reported study showing that tired judges deny parole more … Read more
WRAL news reported last week that a Selma police officer had been placed on administrative leave after he allegedly handcuffed an emergency room nurse who refused to withdraw blood from a defendant suspected of impaired driving. The nurse reportedly was released from handcuffs after Smithfield police arrived, and charges against the suspected impaired driver were … Read more
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
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
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
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