Overcrowding at North Carolina jails continues to be a problem, with Wake County jails holding more than 1,800 people in August despite a capacity of 1,574. As noted in prior news roundups, sheriffs point to the passage of Iryna’s Law as a cause of the increased population. Wake County Sheriff...
NC Criminal Law
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An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
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 court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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