Articles on special probation

Some guilty pleas are “open,” where the defendant pleads guilty to agreed-upon charges without any promises from the State about the ultimate sentence. Other pleas include an arrangement as to […]

In 2018, I wrote this post, https://nccriminallaw.sog.unc.edu/2018/11/28/total-split-sentence-exposure/, about split sentences, examining the total limit on split sentence incarceration that a judge can order at sentencing and as a later modification […]

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?

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?

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.

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

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

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

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, […]