North Carolina Criminal Law Blog

For many years, it has been the rule in North Carolina that when multiple sentences of imprisonment are imposed, they run concurrently by default. That has been required by statute since 1977. G.S. 15A-1354. And that statute carried forward prior law that “sentences are to run concurrently unless otherwise specified.” Id. Official Commentary.  Effective today, that default rule is removed.

When you open a discussion by saying “I came across a really interesting venue issue the other day,” reactions typically range from “I doubt it” to “could we please talk about something else?”

But hear me out on this one — it’s a puzzler.

When a defendant is sentenced for both state and federal crimes, things can get complicated. There are a few traps for the unwary, even when everyone (prosecutor, defendant, and judge) agrees on how the sentences will be served relative to one another.

Under G.S. 15A-1346(a), a “period of probation commences on the day it is imposed and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant […]

Under G.S. 14-7.6, when a defendant is sentenced as a habitual felon, his sentence “shall run consecutively with and shall commence at the expiration of any sentence being served” by […]

Under G.S. 15A-1344(d), a “sentence activated upon revocation of probation commences on the day probation is revoked and runs concurrently with any other period of probation, parole, or imprisonment to […]

A number of people have asked me whether the United States Supreme Court’s recent opinion in Oregon v. Ice (07-901) has any impact on North Carolina sentencing law. The short […]