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Electronic House Arrest vs. Electronic Monitoring

This post deals with the post-convictionA conviction is a formal finding by a court – either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead…

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North Carolina Structured Sentencing is No Longer Structured

Up until the mid-1990s, North Carolina had a sentencing system called Fair Sentencing. The major criticisms of Fair Sentencing were that: There was no truth in sentencing. The actual sentence served was usually much lower than the stated sentence at sentencing. There was disparity in how people were treated from place to place, and defendant…

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Scope of Entitlement for Indigent Services

Any person, including non-citizens, is entitled to representation and, if that person cannot afford an attorney, both the United States Constitution and North Carolina law guarantee that person the right to an attorney. The attorney – whether he or she is a public defenderA court appointed lawyer is a lawyer appointed by the Court (sometimes…

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Probation Violations and Revocations in North Carolina

Recent changes to North Carolina’s post-convictionA conviction is a formal finding by a court – either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead…

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Post Supervision Release and New Maximum Sentences

In light of recent changes to North Carolina’s post-supervision release and post-convictionA conviction is a formal finding by a court – either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution…

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Magistrates and Criminal Law in North Carolina

A magistrate is not a judge, but is a judicial officer of the District CourtDistrict Court is the lower of two levels of trial court in North Carolina. Misdemeanors begin (and can be resolved) in District Court. Most felonies also begin in District Court, but only Class H and Class I felonies may be resolved…

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Pre Trial Release Conditions

Jennifer Smith at the UNC School of Government’s criminal law blog has a useful post explaining the various exceptions to the general rule that people arrested ought to have conditions set upon which they can be released from custodyCustody is a general term used describe a condition where an individual does not feel free to…

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DWIs at Historically Low Rates, Drug Influenced Driving on the Rise

As you can see from this chart, Driving While Impaired fatalities have declined as an absolute number, and as a percentage of all traffic fatalities, since 1982: Alcohol-related deaths in the US since 1982:   Total fatalities Alcohol-related fatalities Year Number Number Percent 1982 43,945 26,173 60 1983 42,589 24,635 58 1984 44,257 24,762 56…

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North Carolina’s Advanced Supervised Release

The Criminal Justice Reinvestment Act, parts of which went into effect on December 1, 2011, and parts of which went into effect on January 1, 2012, creates a new Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated…

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North Carolina May Toughen NC DWI Laws

On the heels of several laws that have toughened North Carolina DWIA DWI is a Driving While Impaired offense. It is more commonly referred to as drunk driving. In North Carolina, the term DWI is used. In other states, the terms DUI or OUI may be used. North Carolina’s DWI is a misdemeanor, punishable by…

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