Some guilty pleas are “open,” where the defendant pleads guilty to agreed-upon charges without any promises from the State about the ultimate sentence. Other pleas include an arrangement as to sentencing. G.S. 15A-1021(c). In cases where there is an arranged sentence, if the judge ultimately imposes a sentence other than the one provided for in the agreement, the judge must inform the defendant that he or she has a right to withdraw the plea. G.S. 15A-1024. If the defendant does withdraw,...
NC Criminal Law
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If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
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.
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.
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