North Carolina Criminal Law

An immigration detainer is one of the key tools that Immigration and Customs Enforcement (ICE) uses to apprehend individuals who come in contact with local and state law enforcement agencies. […]

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Last week, in the first part of this two-part series, I talked about the “crime of domestic violence” ground of deportability for noncitizens and what role convictions of North Carolina […]

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A noncitizen can lose status—that is, the right to be in the U.S.—and be forced to leave if he or she comes within a ground of deportability. In general, the […]

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The Supreme Court just concluded its Term with blockbuster decisions on affirmative action, free speech, and student loan forgiveness. But criminal law practitioners should be aware of a less-ballyhooed case […]

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Last Monday, North Carolina’s newly-elected sheriffs were sworn into office. A key issue in several of the campaigns was whether the candidates would or would not continue to cooperate with […]

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I am excited to announce the release of the 2017 edition of our manual, specific to North Carolina law and practice, on the immigration consequences of a criminal conviction. We […]

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Sometimes, after a defendant has been arrested for a crime, an Immigration and Customs Enforcement (ICE) officer will file an immigration detainer with the agency that has custody of the […]

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Prosecutors have wide discretion to decide how to charge defendants. In exercising that discretion, a prosecutor certainly may consider the sentence associated with each possible charge, and may choose to […]

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The title I gave this post is actually not quite accurate. Five years ago, in its 2010 decision in Padilla v. Kentucky, 559 U.S. 356 (2010), the U.S. Supreme Court […]

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In the last in this series of posts on pretrial release I’ll address two issues that continue to create problems for judicial officials: defendants who refuse to identify themselves and […]

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