NC Criminal Law
Today’s post addresses a small (and admittedly mundane) thing that trips people up from time to time. What happens when an appealed probationary sentence comes back to the trial court that imposed it? The issue arises when an appeal is withdrawn, or when a probationary sentence is affirmed.
As most readers probably know, probation is stayed on...
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.
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
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).
Improper venue is waivable, while improper jurisdiction ordinarily is not.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).