I was late in putting together this roundup, which enabled me to include news that just broke today: Former National Security Adviser John Bolton pled guilty this morning to illegally retaining classified information, according to this AP story. Sentencing is scheduled for October 28. The plea agreement reportedly “recommends capping any...
NC Criminal Law
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If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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 judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
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.
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