September 22, 2017
I wrote a post in July asking whether conditional discharge under G.S. 90-96(a) is discretionary or mandatory for a consenting defendant. A case decided this week offers some clarification.
July 27, 2017
Whether or not to grant a conditional discharge for an eligible defendant under G.S. 90-96(a) used to be within the discretion of the trial judge. In 2011, Justice Reinvestment made […]
December 9, 2016
May probation pursuant to a deferred prosecution or conditional discharge include incarceration?
September 25, 2014
G.S. 90-96 sets out a conditional discharge option for certain drug offenses. A conditional discharge is different from a deferred prosecution. In a conditional discharge program, the defendant is convicted […]
February 4, 2014
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on […]
June 26, 2013
The Justice Reinvestment Act became law in 2011. S.L. 2011-192. Even before its initial effective date it was amended in 2011 by a technical corrections act. S.L. 2011-412. It was […]
July 12, 2012
I wrote previously (here) about the post–Justice Reinvestment rules for determining whether a defendant is eligible for a conditional discharge under G.S. 90-96. Those rules are complicated, but my sense […]
November 29, 2011
Last year, the Onion (my favorite news satire outfit) ran an article headlined “Nation Shudders at Large Block of Uninterrupted Text.” It’s a pretty funny take on modern society’s overreliance […]
March 24, 2009
G.S. 90-96 is one of the densest, most used, and most misunderstood statutes on the books. Let’s try to unpack it a little bit. There are two distinct subsections under […]