…remember that there is authority out there saying that a person who consents to a conditional discharge abandons the right to later appeal on the issue of guilt or innocence…
The Justice Reinvestment Act made conditional discharge under G.S. 90-96(a) mandatory for eligible, consenting defendants. The law was amended last year to make it discretionary again for offenses committed on…
…routine traffic stop on the defendant’s truck. The defendant appeared nervous and there was an open beer can in the vehicle, so the officer asked for consent to search. The…
…officer detained the defendant, obtained consent to search, and found a gun. The case. The officer charged the defendant with being a felon in possession of a firearm. The defendant…
…was not entitled to specific performance of a plea bargain for a concurrent sentence when a consecutive sentence was required by law, notwithstanding the prosecutor’s consent). Moreover, it’s not clear…
…then that probation and other suspended terms of incarceration could be imposed only as a by-product of a term of imprisonment, and then only with the defendant’s consent. The 1995…
…no longer requires that the defendant consent to be placed on probation, nor may the defendant elect to activate her sentence, at least in any straightforward sense. That said, it…
…to the district attorney’s office. Clarifying in Proposed 2019 Formal Ethics Opinion 3 that such relationships must be disclosed and consented to, the State Bar Ethics Committee cast light into…
…has jurisdiction to accept a plea of guilty or no contest to a Class H or I felony with the consent of the presiding district court judge, the prosecutor, and…