Some guilty pleas are “open,” where the defendant pleads guilty to agreed-upon charges without any promises from the State about the ultimate sentence. Other pleas include an arrangement as to sentencing. G.S. 15A-1021(c). In cases where there is an arranged sentence, if the judge ultimately imposes a sentence other than the one provided for in the agreement, the judge must inform the defendant that he or she has a right to withdraw the plea. G.S. 15A-1024. If the defendant does withdraw,...
NC Criminal Law
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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.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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 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).
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