The week began with the report of the capture in Mount Airy of an armed fugitive wanted for murder. Michael Puckett is accused of killing one Virginia sheriff’s deputy and wounding another after they came to his home in Fancy Gap, Virginia last Friday for a welfare check. Puckett was apprehended Sunday evening after he rang the doorbell of a rural Mt. Airy home. The Charlotte Observer...
NC Criminal Law
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A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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