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RECENT POSTS - Incarceration

Check out the latest posts from Cummings & Kennedy's Carteret County law blog.

Many times criminal cases are resolved by entering a plea bargain rather than by a trial. In the real world there is very little courtroom drama, and the courtroom staff doesn’t roll out the red carpet when the parties arrive. Scenes like that appear only in the movies. But, there are times when a little flair is necessary, and a plea bargain is not appropriate. When that’s the case, a criminal defendant should exercise his right to a trial.  

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What Is Structured Sentencing?

  • By James Cummings
  • Feb 17, 2015

Crimes are classified as either felonies or misdemeanors. The difference between the two is largely a question of the severity of punishment imposed. Misdemeanors are punishable by up to one year in jail while felonies carry longer terms of imprisonment. Along with the classification of crimes comes the classification of sentence types. Sentences can be suspended, deferred, or imposed immediately. It is important to know the difference because the way your sentence is imposed determines the amount of freedom you may or may not have if convicted.  

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How Can I Get My Bond Reduced?

  • By James Cummings
  • Feb 17, 2015

When you are arrested for a crime, you may have the right to have the Court set a bond, so you can return home and work while your case is pending. A criminal case can move slowly, and it is important that you are out of jail while waiting for your hearings so you can continue going to work or school and providing for your family. But if the bond is set too high, you should ask the Court for a reduction in bond so it is manageable for your finances.  

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Incarceration Nation

  • By
  • Dec 23, 2013

This is a fascinating look into our prison system in the United States. The author Rosa Brooks shows us what a hypothetical 'Incarceration Nation' looks like compared to other countries around the globe. 

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Too Wealthy for Jail?

  • By
  • Dec 13, 2013

Ethan Couch, a Texas teen whose blood alcohol level was three times the legal limit during when the truck he was driving struck and killed four pedestrians, has been sentenced to 10 years of probation.  

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Pardon Me

  • By
  • Dec 06, 2013

Jeff Welty over at the UNC School of Government Criminal Law Blog has a fascinating post about pardons. Here's an excerpt:  

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Crime and Incarceration

  • By
  • Nov 19, 2013

I'm intrigued by this Op-Ed in the Washington Times. A passage that caught my attention:  

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Yesterday the Supreme Court decided a case that one Justice called “perhaps the most important criminal procedure case that this Court has heard in decades.” A bare majority of the Court ruled that the police may take DNA from those arrested for, but not yet convicted of, “serious offense[s].” The case resolves a deep split among the lower courts; mostly resolves the constitutionality of the DNA-on-arrest statutes of 28 states, including North Carolina; and according to the dissent, is so deeply mistaken that if it is not wrong, “there is no such thing as error.” The case is Maryland v. King. 

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