…is coming up more often now that G.S. 90-96 is mandatory for consenting defendants. The short answer, in my opinion, is that when a probation officer has the power to…
…defendant he was going to conduct a strip search and removed the handcuffs in the hope he would cooperate. But the defendant refused to give consent, and he physically resisted…
…the consent of the prosecutor if the charge is a misdemeanor rather than a felony.) Dismissal of the Charges. While dismissing the charge is an option, a judge may not…
…The proceeding is to obtain emergency relief (such as a domestic violence protection order, temporary restraining order, juvenile custody order, judicial consent to juvenile medical treatment order, or civil commitment…
…Whether pre- or post-conviction, a presentence commitment may only be ordered with the defendant’s consent (unless the commitment is for a sexually violent predator investigation under G.S. 14-208.20). The commitment…
…that Each party must consent; In criminal proceedings where the defendant’s right to confront witnesses or to be present is implicated, the defendant must waive these rights; If confidentiality is…
…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…