NC Criminal Law
NBC has this article up about the top national criminal law story of the moment. It notes that “[a] federal grand jury indicted former national security adviser John Bolton on Thursday, making him the third critic of President Donald Trump to face criminal charges in recent weeks.” The article goes on to state that “Bolton ... Read more
The...
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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.
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.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.