Earlier this week, the Times reported that the federal prosecution of former FBI director James Comey for making false statements to and obstruction of Congress may be in jeopardy after a magistrate judge found potential prosecutorial misconduct. In a rare move, the magistrate judge ordered the Department of Justice to turn over all materials relating to the grand jury proceedings in the...
NC Criminal Law
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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 judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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