Unsupervised Probation (March 5, 2014)
Jamie Markham
Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]
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March 5, 2014
Thousands of defendants are sentenced to unsupervised probation each year. They are often first offenders who have been convicted of not-so-serious crimes, so you don’t read much about them in […]
READ POST "Unsupervised Probation (March 5, 2014)"February 27, 2014
A defendant’s prior North Carolina juvenile adjudications never count for sentencing points. That is true for felonies and misdemeanors alike. The definition of a “prior conviction” in Structured Sentencing (G.S. […]
READ POST "Consideration of Juvenile Information at Sentencing (February 27, 2014)"February 17, 2014
Today’s post is about a recurrent question related to jail credit for periods of confinement in response to violation (CRV). First, a 30-second refresher on the basics of CRV. When […]
READ POST "Jail Credit for CRVs (February 17, 2014)"February 5, 2014
Author’s Note: The opinion discussed below was withdrawn on February 4, 2014 and replaced by an opinion discussed here. How can a sentencing factor found by a judge that […]
READ POST "Presumptive Sentences in DWI Cases (February 5, 2014)"January 23, 2014
From 1995 to 2009, North Carolina had two sentencing grids—one for felonies, one for misdemeanors. That was it. Then the grid was amended in 2009. And 2011 (with special rules […]
READ POST "New Structured Sentencing Handbook (January 23, 2014)"January 16, 2014
A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. […]
READ POST "The Bill for Driving While Impaired (January 16, 2014)"January 15, 2014
May community service fees be waived? I suspect some of you are thinking “I hope so, because they just were,” or something along those lines. It turns out to be […]
READ POST "Waiving Community Service Fees (January 15, 2014)"December 9, 2013
Suppose a person is held in jail for 20 days on two pending misdemeanor charges, Charge A and Charge B. For one reason or another, Charge A results in a […]
READ POST "“Using Up” Jail Credit (December 9, 2013)"December 2, 2013
I thought I’d take a few minutes and jot down some questions and answers about the new fine-only punishment scheme for Class 3 misdemeanors for many defendants (enacted as part […]
READ POST "A Fine Sentence for Class 3 Misdemeanors (December 2, 2013)"November 27, 2013
With Thanksgiving tomorrow, today’s post will be the last of the week. That means it is the last post before December 1, when another batch of new laws comes into […]
READ POST "A Sampling of Justice Reinvestment Statistics (November 27, 2013)"