Last week, several people sent me news articles about the prosecution of Samuel Tunick, who was detained by federal agents while re-entering the United States after a trip abroad. During the encounter, officers asked him for the passcode to his phone, but he reportedly gave them a duress code that wiped the device. Tunick was charged with a federal felony destruction of evidence offense. This post lays out what we know about the case, speculates about why it has...
NC Criminal Law
on Monday, August 3rd, 2026
#NCPROTIP
Displaying 11 - 15 of 60
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
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