NC Criminal Law
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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.
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.
- ‹ Previous
- 3 of 12
- Next ›