Overcrowding at North Carolina jails continues to be a problem, with Wake County jails holding more than 1,800 people in August despite a capacity of 1,574. As noted in prior news roundups, sheriffs point to the passage of Iryna’s Law as a cause of the increased population. Wake County Sheriff...
NC Criminal Law
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An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
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).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
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