North Carolina Criminal Law

Suppose a defendant is convicted of a Class F–I felony that requires registration as a sex offender. He is also convicted as a habitual felon. When sentencing the defendant as […]

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Today’s post shares a revised chart for determining the proper place of confinement for a criminal conviction. The chart is available here.

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When a probationer has served three years of a probationary period greater than three years, the probation officer is required to bring the case before the court for a mandatory […]

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Before 2011, post-release supervision (PRS) was a bit of a novelty. Back then, only Class B1–E felons received PRS, and they account for only 15 percent of all felons. For […]

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I am asked from time to time whether imprisonment terms for special probation (split sentences) may be run consecutively. I think they probably may.

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North Carolina sentencing law allows multiple convictions to be consolidated for sentencing. Consolidation of felonies is governed by G.S. 15A-1340.15(b); G.S. 15A-1340.22(b) covers misdemeanors. The rule is the same for […]

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On October 13, 2015, the U.S. Supreme Court will hear oral argument in Montgomery v. Louisiana, a case that presents the question whether Miller v. Alabama, 567 U.S. ___, 132 […]

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Do DWI sentences really get cut in half? Can DWI inmates be paroled? What happens when the minimum and maximum sentence for a DWI are the same? These questions and more are answered in today’s […]

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North Carolina has a lot of habitual offender laws: habitual felon, violent habitual felon, armed habitual felon, habitual breaking and entering, habitual impaired driving, and habitual misdemeanor assault. A question […]

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At a recent conference, a judge confessed to me that he and his fellow judges drive the clerks crazy because they all pronounce judgment differently. They use different words to […]

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