Articles related to Sentencing - Page 10 of 18

“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 […]

A defense lawyer from another state recently asked me if it was possible to get probation for involuntary manslaughter in North Carolina. It is apparently possible but uncommon in his […]

Special probation, commonly referred to as a split sentence, is a powerful sentencing tool. It allows the judge to impose a mix of imprisonment and probation that can achieve multiple […]

North Carolina’s special sentencing rules for drug trafficking are tough. A recently revised summary of those rules is available here. They include mandatory imprisonment and fines that go well beyond […]

Earlier this week, United States Attorney General Eric Holder, speaking to American Bar Association, announced a policy change in how drug cases will be charged in federal court. This post […]

Improper counting of a defendant’s prior out-of-state convictions is a common sentencing error. This post collects the law on the subject, including the many appellate cases decided over the past […]

Which of the following defendants may be sentenced to “time served” (choose all that apply)? A. A felony defendant with 5 months of jail credit sentenced to 6–17 months. B. […]

Suppose a defendant convicted of a felony has a slam dunk mitigating factor. Let’s say, for example, that he has been honorably discharged from the military, which is a statutory […]

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 […]