In a previous post, I wrote about the different types of sureties on a bail bond. As a quick recap, a surety is one who, along with the defendant, is liable for the amount of the bail bond upon forfeiture of bail. Sometimes, for any number of reasons, a surety may wish to be released from the obligation of a bail bond. One of the ways a surety may be relieved from this obligation is by...
NC Criminal Law
#NCPROTIP
Displaying 1 - 5 of 60
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
- 1 of 12
- Next ›