A common issue that comes up in public defender offices is whether an attorney can ethically represent a particular client when a victim or witness in the current case is a former client of the office. Cross-examination of the former client may require use of a conviction arising from the prior representation or may require exploring areas that overlap with confidential information shared with the office. These concerns present a potential conflict of interest for...
NC Criminal Law
#NCPROTIP
Displaying 1 - 5 of 60
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.
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).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
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.
- 1 of 12
- Next ›