North Carolina Criminal Law Blog

The case is ready for trial and all parties are present. From the bench, the judge makes a final attempt to resolve the case by saying “if we need to do a trial that’s fine, and I can call for a jury right now — but I’m just letting you all know that if the defendant was willing to plead to count 1 and state was willing to dismiss count 2, I’d be inclined to give supervised probation and we could get this case wrapped up today.”

Of course every county and every judge is unique, but most criminal attorneys have at least occasionally experienced some type of participation from the bench in working out a plea. So we know that it happens, but is it actually authorized by our statutes? Should it be? If it is, what are the limits, and what’s fair game for negotiation? Are the judge’s terms binding?

Suppose that after judgment is entered a defendant wants to challenge a plea. Maybe he alleges that the plea wasn’t knowing and voluntary. Or maybe he claims that the judge imposed an illegal sentence. Can the defendant do this? I like to break this question into two parts: (1) Does the claim survive the plea? (2) If so, what procedural mechanism can be used to assert it? This post addresses both issues.

Once a plea is entered pursuant to a plea agreement, the parties are bound by the agreement and failure to comply with it constitutes a breach. Occasionally questions arise about whether a breach has occurred and if so, what remedy should apply.

Sometimes a party to a plea agreement has buyer’s remorse and wants to get out of the deal. The standard for evaluating such a request varies, depending on when the motion is made.

Can a prosecutor threaten more serious charges if the defendant refuses to agree to a plea bargain? Can a plea bargain include a promise by the State to be more lenient on the defendant’s wife? Read on for answers.

The Supreme Court decided two cases last week about ineffective assistance of counsel during plea bargaining. The cases, Lafler v. Cooper and Missouri v. Frye, made a big splash in […]

Suppose a defendant is indicted on charges of trafficking, possession with intent to manufacture, sell and deliver, possession of drug paraphernalia, and simple possession. Suppose further that the defendant enters […]

On Halloween, I was dressed up as a sheep, trick or treating with my daughter, Little Bo Peep. Fortunately, serious legal business was being conducted elsewhere: the Supreme Court heard […]

I am sometimes asked if a defendant convicted of a reportable sex crime can plea bargain his or her way out of the obligation to register. I have also been […]

Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction? Of course a defendant should not be ordered to pay restitution for […]