The role of law enforcement officers in involuntary commitments is controversial. Some argue that individuals subject to involuntary commitment are dangerous by definition, so it makes sense to task officers with taking them into custody. Others contend that the presence of officers makes what should be a healthcare event feel like an arrest, creates stigma, and often engenders resistance. A recent federal appellate case illustrates how things can go wrong, illustrates some impermissible...
NC Criminal Law
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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