I was late in putting together this roundup, which enabled me to include news that just broke today: Former National Security Adviser John Bolton pled guilty this morning to illegally retaining classified information, according to this AP story. Sentencing is scheduled for October 28. The plea agreement reportedly “recommends capping any...
NC Criminal Law
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The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
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