Articles related to Sentencing

Today’s post addresses a small (and admittedly mundane) thing that trips people up from time to time. What happens when an appealed probationary sentence comes back to the trial court […]

This post summarizes the published criminal opinions from the North Carolina Supreme Court released on March 20, 2026. Circumstantial evidence was sufficient to submit robbery with a dangerous weapon to […]

Some states have passed laws authorizing judges to review sentences after a defendant has served a specified portion of the sentence. They are sometimes referred to as “second look” laws. A bill proposing a second-look procedure was filed in the General Assembly in 2025, but it was referred to committee and never enacted. See House Bill 589. Nevertheless, judges around the state are receiving dozens of motions for appropriate relief filed under authority of “The Second Look Act” as though it became law. To be clear, no such law was enacted, and motions premised solely on that theory lack a legal basis.

As 2025 came to a close, the North Carolina Sentencing and Policy Advisory Commission published the Driving While Impaired Convictions Statistical Report for Fiscal Year 2024 (hereinafter “the report”). The […]

For the second day in a row, I’m pleased to announce a new publication co-authored by Belal. The latest edition of the North Carolina Sentencing Handbook is available for purchase here. 

Author’s Note: Medication assisted treatment (MAT) is now available at the DART Center provided that the treatment began before arrival at the Center. MAT will not be initiated at the […]

For many years, it has been the rule in North Carolina that when multiple sentences of imprisonment are imposed, they run concurrently by default. That has been required by statute since 1977. G.S. 15A-1354. And that statute carried forward prior law that “sentences are to run concurrently unless otherwise specified.” Id. Official Commentary.  Effective today, that default rule is removed.

We are putting the final touches on the new edition of the North Carolina Sentencing Handbook – publication date forthcoming! As part of revising and updating the DWI Sentencing portion, three updates stood out to me as warranting some more discussion. First, the legislature has expanded delegated authority for probation officers to include probationers sentenced for impaired driving under G.S. 20-179. Second, the Court of Appeals further clarified the presumption for unsupervised probation and requirements for transferring a probationer from supervised to unsupervised probation. Third, a new mitigating factor was added for voluntary pretrial installation of an ignition interlock device. Read on for more details.

The legislature enacted a raft of changes this summer to motor vehicle and criminal law. This post examines three session laws that enhanced criminal penalties and revised regulations for motor vehicle offenses and operation. The changes cover broad ground, including changing vehicle inspection requirements, authorizing speed-measuring cameras, and heightening penalties for certain motor vehicle offenses that result in injury. Read on to learn more.

Under G.S. 15A-1380.5, a law that existed from late 1994 to late 1998, North Carolina defendants sentenced to life without parole for offenses committed between October 1, 1994, and November 30, 1998, are entitled to a judicial review of their sentence after 25 years of imprisonment. I’ve written about it on the blog twice before, here and here, and those posts cover the statutory framework and background. Now that the review window has opened for most, if not all, of the affected inmates—and with many now undergoing their second and subsequent reviews—we’re beginning to see appellate case law that both clarifies and raises questions about how the process is meant to work.