In 2018, I wrote this post, https://nccriminallaw.sog.unc.edu/2018/11/28/total-split-sentence-exposure/, about split sentences, examining the total limit on split sentence incarceration that a judge can order at sentencing and as a later modification of probation. There’s a “one-fourth rule” at sentencing, allowing the court to impose confinement of up to one-fourth the maximum sentence as a condition...
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.
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
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).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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