A common issue that comes up in public defender offices is whether an attorney can ethically represent a particular client when a victim or witness in the current case is a former client of the office. Cross-examination of the former client may require use of a conviction arising from the prior representation or may require exploring areas that overlap with confidential information shared with the office. These concerns present a potential conflict of interest for...
NC Criminal Law
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The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
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.
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