Overcrowding at North Carolina jails continues to be a problem, with Wake County jails holding more than 1,800 people in August despite a capacity of 1,574. As noted in prior news roundups, sheriffs point to the passage of Iryna’s Law as a cause of the increased population. Wake County Sheriff...
NC Criminal Law
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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.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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