While a prosecutor in a criminal trial may comment on a defendant’s failure to produce witnesses or evidence to contradict or refute the State’s case, a prosecutor may not make any reference to or comment on a defendant’s failure to testify. Such remarks violate both a defendant’s federal and state constitutional rights not to be compelled to give self-incriminating evidence (see U.S. Const. Amend. V, N.C. Const. art. I, § 23) and...
NC Criminal Law
on Tuesday, April 30th, 2024
#NCPROTIP
Displaying 1 - 5 of 60
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
- 1 of 12
- Next ›