NC Criminal Law
NBC has this article up about the top national criminal law story of the moment. It notes that “[a] federal grand jury indicted former national security adviser John Bolton on Thursday, making him the third critic of President Donald Trump to face criminal charges in recent weeks.” The article goes on to state that “Bolton ... Read more
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A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
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.
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.
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.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.