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special probation

Total Split Sentence Exposure

November 28, 2018 Jamie Markham

A judge can order special probation (a split sentence) at sentencing or in response to a violation of probation. If a judge does both, what is the maximum amount of time the defendant may be incarcerated?

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Categories Sentencing, Uncategorized Tags one-fourth, probation, special probation, split sentence 1 Comment

The Other Special Probation

May 12, 2017May 11, 2017 Jamie Markham

Special probation is just the statutory term for a split sentence, right? Right. Usually. Did you know there’s another “special probation” tucked away in Chapter 90?

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Categories Sentencing, Uncategorized Tags special probation 4 Comments

Jail Credit Applied to Split Sentences

April 20, 2017 Jamie Markham

When imposing a split sentence, the court has a choice to make about what to do with whatever pretrial jail credit the defendant might have in the case. Apply it to the split? Or apply it to the defendant’s suspended sentence? Today’s post discusses a few issues associated with that choice.

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Categories Sentencing, Uncategorized Tags jail credit, jail fees, special probation, split sentence Leave a comment

The Split Is Part of the Probation

March 31, 2016 Jamie Markham

Probation that includes incarceration is “special probation.” But it’s still probation.

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Categories Sentencing, Uncategorized Tags probation, special probation, split sentence Leave a comment

Consecutive Splits

October 22, 2015 Jamie Markham

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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Categories Sentencing, Uncategorized Tags consecutive sentences, Sentencing, special probation, split sentence 1 Comment
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Two-Timing on the Weekends is Allowed  . . . and Other Rules for DWI Sentences

March 24, 2015 Shea Denning

Spring is upon us, and today’s post addresses the top five DWI sentencing questions of the season. 

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Categories Motor Vehicles, Sentencing Tags DWI, DWI sentencing, good time, period of probation, place of confinement, special probation 2 Comments

Stay of Probation upon Appeal

March 18, 2014 Jamie Markham

When a person is convicted and sentenced, the sentence generally starts right away. G.S. 15A-1353(a). The judge can delay the start of the sentence, as discussed in this prior post, but that is the exception to the rule. About the only other thing that can put the brakes on the start of a sentence is … Read more

Categories Sentencing, Uncategorized Tags appeal, probation, Sentencing, special probation, split sentence, stay 3 Comments

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