Last month, a federal judge dismissed mortgage fraud charges against New York Attorney General Letitia James based on what the court determined was the improper appointment of Acting United States Attorney Lindsay Halligan. Prosecutors pursued a new indictment last week, but a grand jury declined to charge James. This week, the Government tried again with a different grand jury, which also refused to issue charges. Defense attorney Abbe Lowell promptly proclaimed that “[a]ny further attempt...
NC Criminal Law
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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.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
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