Latest posts tagged with probation on North Carolina Criminal Law Blog

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 […]

From 1995 to 2009, North Carolina had two sentencing grids—one for felonies, one for misdemeanors. That was it. Then the grid was amended in 2009. And 2011 (with special rules […]

May community service fees be waived? I suspect some of you are thinking “I hope so, because they just were,” or something along those lines. It turns out to be […]

In general, a court only has jurisdiction to act on a probation case until the period of probation expires. There is a limited exception to that rule in G.S. 15A-1344(f). […]

“I wish I knew more about what’s out there.” That was the comment from a thoughtful superior court judge attending a sentencing law class at the School of Government. We […]

Sentences for criminal contempt may be suspended. That has been understood as a matter of case law for a while, see Bishop v. Bishop, 90 N.C. App 499 (1988), and […]

There are frequently asked questions, and then there are very frequently asked questions. Regarding Justice Reinvestment, there has been no more frequently asked question than this: Can you appeal a CRV? […]

Last week the court of appeals decided State v. Nolen, its first absconding “donut hole” case. Pardon the mixed metaphor, but here is the donut hole in a nutshell: The […]

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 […]

May a judge delegate to a probation officer the task of setting the amount of restitution owed to a victim? For several reasons, my standard answer to that recurring question […]