Unsupervised Probation (March 5, 2014)
Jamie Markham
Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]
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March 5, 2014
Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]
READ POST "Unsupervised Probation (March 5, 2014)"February 27, 2014
A defendant’s prior North Carolina juvenile adjudications never count for sentencing points. That is true for felonies and misdemeanors alike. The definition of a “prior conviction” in Structured Sentencing (G.S. […]
READ POST "Consideration of Juvenile Information at Sentencing (February 27, 2014)"February 17, 2014
Today’s post is about a recurrent question related to jail credit for periods of confinement in response to violation (CRV). First, a 30-second refresher on the basics of CRV. When […]
READ POST "Jail Credit for CRVs (February 17, 2014)"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 […]
READ POST "G.S. 90-96 Limbo (February 4, 2014)"January 23, 2014
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 […]
READ POST "New Structured Sentencing Handbook (January 23, 2014)"January 15, 2014
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 […]
READ POST "Waiving Community Service Fees (January 15, 2014)"November 13, 2013
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). […]
READ POST "Probation Violation Hearings after Expiration: The Importance of a File Stamp (November 13, 2013)"September 26, 2013
“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 […]
READ POST "County Resource Guide (September 26, 2013)"July 25, 2013
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 […]
READ POST "Probation for Contempt (July 25, 2013)"July 16, 2013
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? […]
READ POST "No Appeal of Confinement in Response to Violation (July 16, 2013)"