This morning, President Biden announced that he will commute the sentences of nearly 2,500 inmates serving long prison terms for nonviolent drug offenses. The commutations are for offenders who received harsher sentences for drug crimes than they would have under current law and practice. Over the past two decades, Congress has passed legislation to rectify sentencing disparities and practices...
NC Criminal Law
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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 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.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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).
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