North Carolina Criminal Law

Most people can get behind the idea that inmates should, if able, do some sort of work during their incarceration. By statute, “[i]t is declared to be the public policy […]

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Suppose my home is broken into and many things are stolen. My insurance company compensates me for the damage to the house and the items that were taken. Two related […]

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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 […]

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Our appellate courts spend a lot of time writing about restitution. Consequently, so do I. Prior posts discuss some of the thornier restitution issues that come up from time to […]

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Back in March I wrote a post on restitution to government agencies, setting out the general rule in G.S. 15A-1340.37(c) that “[n]o government agency shall benefit by way of restitution except for […]

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Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for […]

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Last month the court of appeals decided State v. Mauer, an animal cruelty case. The defendant, Barbara Mauer, was charged with misdemeanor cruelty to animals after Cumberland County animal control […]

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Update: It has come to my attention that there may be a bit more to the AOC restitution story than meets the eye. This memo from Judge John Smith, the […]

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Last week the court of appeals decided State v. Swann, concluding (among other things) that a prosecutor’s statement alone is insufficient to support a restitution award. A lot of recent […]

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