With increased immigration enforcement in North Carolina, Immigrations and Customs Enforcement is considering plans to construct and open at least three new jails to house detainees. Two potential jails may be opened in Greensboro, one at the site of the former American Hebrew Academy and the other at an unknown location. A third potential site is located in Winton, NC, in the northeastern part of the state,...
NC Criminal Law
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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.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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