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 has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
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.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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).
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.
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