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 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. A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4). A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
Today, we want to highlight one of the people who truly brings the School of Government’s mission to life. After more than 30 years of service to the UNC School of Government, Professor John Rubin is retiring. He leaves an extraordinary legacy as a revered teacher, trusted advisor, renowned author, and mentor. As the first faculty member to work on...
NC Criminal Law
on Tuesday, March 24th, 2026
#NCPROTIP
Displaying 1 - 5 of 60