In late March The Office of Indigent Defense Services (IDS) instituted a new process for the appointment and payment of counsel for cases in which a juvenile between the ages of 13 and 17 is charged with first-degree murder or murder where the degree is undesignated. The process, called the Juvenile First-Degree Murder Roster (JFDM Roster) is operated by the Office of the Juvenile Defender (OJD). For the 27 counties currently participating in the program, there is a new process for...
NC Criminal Law
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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.
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