Articles on 90-96

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.

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 G.S. 90-96(a) mandatory for eligible defendants who consented to it. Two years later, it was once again made discretionary. Or was it?

May probation pursuant to a deferred prosecution or conditional discharge include incarceration?

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]