How Does Drug Purity Impact Criminal Penalties?

How Does Drug Purity Impact Criminal Sentencing? If you were asked to consider what factors play a major role in criminal penalties for non-violent drug offenses, what would come to mind? You may already know that drug possession for personal use is a less serious crime than running an illegal business selling drugs. You may…

What are Mandatory Minimums?

What are Mandatory Minimums? When a person is convicted of a crime, the court has to then determine and order their punishment. In the federal court system, judges base their sentencing based on Federal Sentencing Guidelines, mandatory minimum sentencing, or a combination of both for the particular case. Sentencing guidelines are quite detailed and involve…

Challenging Sentencing Guidelines in Child Pornography Cases

Challenging Federal Sentencing Guidelines for Child Pornography Cases In a recent order filed on August 13th, 2021 by Eastern North Carolina U.S District Court, Superior Judge W. Earl Britt stated his policy disagreements with the relevant sentencing guidelines for a child pornography case, USA v. Jones, favoring a shorter sentence than what the guidelines provide.…

What are Geofence Warrants?

Geofence Warrants and Privacy Rights Protecting individual privacy from government intrusion, which our Fourth Amendment guarantees, has become increasingly challenged by the development of new technologies that collect massive quantities of data about our daily activities. Our phones and other devices can track where we are located, who we call, and what we are interested…

Potential Criminal Sentencing Reforms in North Carolina

A New North Carolina Bill Could Reform Criminal Sentencing Reduction At Tarlton Polk we receive many requests to consult on post-conviction relief options, as we do our best to evaluate eligibility and help clients obtain such relief for themselves or loved ones. However, there are circumstances where we have to tell people that they or…