G.S. 90-96 Probation
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 […]
July 2, 2012
State v. Gorman and Improper Extensions of Probation
I have written before (here) about some of the tricky issues related to extending probation. A recent case from the court of appeals illustrates the complexity of the rules. In […]
May 24, 2012
Justice Reinvestment and the “Commit no Criminal Offense” Probation Condition
Under the Justice Reinvestment Act (S.L. 2011-192), for probation violations occurring on or after December 1, 2011, the court may only revoke a person’s probation for a violation of the […]
May 10, 2012
Consecutive Sentences for Misdemeanors Sentenced at Different Times
In prior posts (here and here) I have discussed Structured Sentencing’s limit on consecutive sentences for misdemeanors. The basic rule, set out in G.S. 15A-1340.22, is that the cumulative length […]
February 8, 2012
FAQs About CRV
Under amended G.S. 15A-1344(a), for probation violations occurring on or after December 1, 2011, a court may only revoke probation for a violation of the “commit no criminal offense” condition […]
January 18, 2012
Electing to Serve a Sentence after Justice Reinvestment
Some criminal defendants just want to serve their time. There a variety of reasons for that. Sometimes they are facing active time for another conviction and hope the new sentence […]
November 3, 2011
Quick Dips
As I mentioned in a prior post, the Justice Reinvestment Act (S.L. 2011-192) creates a new set of “community and intermediate probation conditions” that can be ordered in any Structured […]
October 25, 2011
Confinement in Response to Violations (CRV) and Limits on Probation Revocation Authority
When analysts from the Council of State Governments studied North Carolina’s sentencing laws and correctional system, one of their key findings was that revoked probationers account for a lot of […]
October 12, 2011
Community Punishment and Intermediate Punishment
Under Structured Sentencing, there are two types of non-active sentences: community punishment and intermediate punishment. Intermediate punishment is supervised probation plus at least one of six specific conditions of probation […]
September 15, 2011
Willfulness of Probation Violations
It has long been the rule in North Carolina that all that is required for a judge to revoke probation is a finding that the defendant has violated a valid […]
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