In an earlier blog post, I summarized North Carolina’s harm reduction immunity laws, including our safe syringe exchange law, G.S. 90-113.27, our Good Samaritan law,...
NC Criminal Law
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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