NC Criminal Law
Welcome back to the Friday News Roundup. It’s been an interesting week for criminal law news. Without further ado, here are a few of the top stories:
Raleigh considers curfew to combat teen takeovers. As WRAL explains here, Raleigh experienced two large nighttime gatherings of young people over the Independence Day...
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
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.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).