Special probation, commonly known as a split sentence, allows for a mix of imprisonment and probation. Under G.S. 15A-1351(a), the general rule in Structured Sentencing cases is that the total of all split sentence confinement may not exceed one-fourth the maximum sentence of imprisonment imposed for the offense. So, if a person has a 20-month maximum sentence, the longest permissible split is 5 months (one-fourth of 20). Split sentence confinement can be ordered...
NC Criminal Law
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The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
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