Automatic license plate readers, or ALPRs, have been in the news lately. Most ALPRs are made by a company called Flock Safety and therefore commonly are called Flock cameras. This post focuses not on the public debate about whether deploying such cameras is a good idea, but on the legal controversy about whether the use of Flock cameras without court supervision constitutes an unreasonable search in violation of the Fourth Amendment. To set expectations, this post...
NC Criminal Law
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.
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
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).
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
- ‹ Previous
- 3 of 12
- Next ›