Total Split Sentence Exposure

A judge can order special probation (a split sentence) at sentencing or in response to a violation of probation. If a judge does both, what is the maximum amount of time the defendant may be incarcerated? Splits imposed at sentencing are governed by G.S. 15A-1351(a). For crimes sentenced under Structured Sentencing (essentially any felony or misdemeanor aside from DWI), that statute says that the total of all periods of confinement imposed as an incident of special probation may not exceed one-fourth the maximum sentence of imprisonment imposed for the offense. (So, for a defendant with a 9–20 month suspended sentence, the maximum permissible split sentence is 5 months.) For impaired driving sentences, the total split confinement may not exceed one-fourth the maximum penalty allowed by law for that level of DWI. (Thus, for an Aggravated Level One DWI, for which the maximum allowable penalty is 36 months, the maximum permissible split is 9 months, regardless of the length of the defendant's actual suspended sentence.) Splits imposed in response to a violation of probation are governed by G.S. 15A-1344(e). That subsection essentially repeats G.S. 15A-1351(a). For crimes sentenced under Structured Sentencing, the law says the total of all periods of confinement imposed as an incident of special probation may not exceed one-fourth the maximum sentence of imprisonment imposed for the offense. For impaired driving sentences, the split ordered in response to a violation may not exceed one-fourth the maximum penalty allowed by law for that level of DWI. The question that comes [...]