Darcy lives in North Carolina. Upon learning about an upcoming music festival in California, Darcy creates realistic, high-quality digital replicas of the festival’s VIP wristband passes and PDF tickets. She posts them for sale online from her computer in North Carolina, and a group of friends in California buys four “tickets” from her for $1,200 via online payment. When the friends are turned away by festival security, they file a police report. A warrant is later...
NC Criminal Law
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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.
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).
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 prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
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.
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