December 1 is approaching, which means that many of the changes enacted by the General Assembly this session will be taking effect soon. Among the pending changes are those enacted by Iryna’s law (H 307), which I covered in greater detail in an earlier blog post. This follow-up post focuses on the new category of “violent...
NC Criminal Law
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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.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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