North Carolina Petition for Commutation of Sentence

State:
Multi-State
Control #:
US-PARD-001
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PDF
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Description

This is a petition for commutation of sentence. Commutation is an associated term, meaning the lessening of the penalty of the crime without forgiving the crime itself.

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  • Preview Petition for Commutation of Sentence
  • Preview Petition for Commutation of Sentence
  • Preview Petition for Commutation of Sentence
  • Preview Petition for Commutation of Sentence

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FAQ

New North Carolina Law Allows Sentencing Flexibility in Non-Violent Offenses. In October 2019, the North Carolina Senate passed legislation titled the First Step Act. The law allows North Carolina judges to use more flexibility in mandatory minimum sentences for certain types of drug-related offenses.

If the prison terms are activated, felony offenders must serve 100% of the minimum term and may serve up to the maximum term; misdemeanor offenders must serve the entire jail sentence unless the sheriff awards earned time credits.

To ?commute a sentence? is the power to substitute a sentence imposed by the judiciary for a lesser sentence. In other words, it means the power to reduce or lessen a sentence resulting from a criminal conviction. For example, a ten-year sentence may be commuted to a five-year sentence.

That new criminal law in North Carolina is known as the Pre-Trial Integrity Act. It goes into effect this week on October 1, 2023, and promises to substantially affect how a bond is set for certain types of criminal charges in Durham and throughout North Carolina.

For example, a death sentence may be commuted to a sentence of life imprisonment. Some grounds for commutation of a sentence are good behavior, illness, old age, or when the sentence is unreasonably harsh in comparison to other similar cases.

House Bill 625 is known as the Criminal Sentence Reduction Reform. The reform proposed that those who have been incarcerated for 65 percent of their time could be released. This bill would allow individuals to apply to have their sentence reduced if they have served at least 5 years of their term.

Federal inmates serve an average of 85% of their sentence, which means that they are required to serve a minimum of 85% of their sentence before becoming eligible for release.

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North Carolina Petition for Commutation of Sentence