Expert: William A Saunders - 12/19/2007

Question
My brother recently accepted a plea bargain and is currently serving 16 months for E-class felony child abuse with 8 consecutive months for involuntary manslaughter. Is there laws in the state of North Carolina, USA that prevent him being released early for good behavior???

Answer
In North Carolina, the only crime that automatically eliminates early release is for drug offenses.

But otherwise, a person could be eligible for early release. If a person participates in programs and follows the rules and takes classes while in prison, that person could be eligible for early release as long as he does not get into trouble while in prison.

The other thing is, North Carolina has this structured sentencing program. With the structured sentencing program, persons sentenced to prison must serve 100% of their minimum term and could serve up to their maximum term if they misbehave, do not work, or do not participate in programs.   

If your brother stays out of trouble and takes classes and get counseling, he could get released early.