Table of Contents INTRODUCTION...17 FORWARD...23

Transcription

1 Table of Contents INTRODUCTION...17 FORWARD...23 A...31 APPEALS District Court to Superior Court Infractions Procedures When Appealing From District Court to Superior Court Pretrial Release State s Right to Appeal Preserving Issues Legal Errors Reviewed by the Appellate Division Show of Prejudice Appeal of Guilty Pleas Relief Available Resentencing After Appellate Review B...37 BONDS AND PRETRIAL RELEASE Conditions of Pretrial Release General Rule Offenses with No-Right to Pretrial Release Domestic Violence Offenses and Pretrial Release Child Victims and Pretrial Release Firearm Offenses and Pretrial Release The ABCs of Criminal Court 5

2 Bonds After a Failure to Appear Bonds for New Offenses When Defendant Already on Pretrial Release C...43 CRIMES Crimes, Statutes, and Classifications D DEFENSES Defenses Generally Notice Entrapment Necessity and Duress Self-Defense, Defense or Others and Property Insanity Diminished Capacity Voluntary Intoxication Unconsciousness or Automatism Alibi Double Jeopardy E EXPUNCTIONS Defined and Importance General Procedures Costs AOC Forms and AOC Instructions 6 Chad D. Garrett

3 General Age Based Expunction Gang Offense Expunction (Age Based) Drug Offense Expunction (Age Based) Non-Violent Felony Expunction (Age Based) Non-Violent Felony Expunction (No Age Limitation) Prostitution Offense Expunction Not Guilty or Dismissal Expunction Identity Theft Expunction DNA Record Expunction Pardon of Innocence Expunction Notification of Expunctions Civil Liability Certificate of Relief F FOUNDATION QUESTIONS (ADMISSIBILITY OF EVIDENCE) Laying Foundations Three Foundations Introducing Evidence Identifying Physical Evidence Demonstrative Evidence Illustrative Evidence Drawing a Picture or Diagram or List Documentary Evidence Audio or Video Evidence Expert Witness Scientific Evidence or New Technology Criminal Record The ABCs of Criminal Court 7

4 G GENERAL CRIMES Crime Classifications Defined Infamous or Secrecy and Malice Racial or Ethnic Animosity Benefits Gained Forfeited Conspiracy Attempt Solicitation Accessory Before the Fact Accessory After the Fact H HABITUAL STATUS Summaries of Each Status Offense Habitual Felon Habitual Misdemeanor Assault Habitual Larceny Violent Habitual Felon Habitual Breaking and Entering Armed Habitual Felon Habitual Impaired Driving I INCARCERATION General Information and Social Statistics Prison Location/Contact/Resources Guide Earned Time/Merit Time 8 Chad D. Garrett

5 Beginning Incarceration Custody Levels Inmate Classification Reviews Work Release Sending Money Telephone Service Visitation Resources J JOINDER AND SEVERANCE Joinder Severance Motion Timetable K KNOWLEDGE AND CRIMES Act and State of Mind (Mens Rea) Intent Knowledge Willfulness and Wantonly Malice Negligence Strict Liability L LEGAL MOTIONS Motions generally In Superior Court The ABCs of Criminal Court 9

6 Time Limitations In District Court Motions to Dismiss Suppression Motions Motions in Limine Burden of Proof M MOTIONS FOR APPROPRIATE RELIEF Procedural Requirements Reasons for Denial Indigent Defendants MAR Within 10 Days of Verdict MAR Outside of 10 Days of the Verdict State s Right to File MAR MAR and Guilty Pleas N NINETY-NINETY SIX Defined Misdemeanor Participants Felony Participants Controlling Authorities and Eligibility Probation Deferrals 10 Chad D. Garrett

7 O OPENING AND CLOSING ARGUMENTS Opening Allowances and Opportunities Reserving Opening Defendant Admissions Objections Closings Allowances and Opportunities Procedure Permitted Not Allowed P PROBATION VIOLATIONS Current Issues Issues to Review Termination Transfer Supervised to Unsupervised Probation Reinstate Probation Modify Probation Extend Probation Short Term Jail (Dip) Contempt Special Probation CRV (Dunk) Revocation The ABCs of Criminal Court 11

8 Q QUERIES ACIS Manual Search Online Codes R REGISTRATION FOR CONVICTED SEX OFFENDERS Registration Database(s) Registration Length Termination Procedure Crimes Requiring Registration S SENTENCING Determine Offense Class Determine Prior Record Level/Points & Levels Determine Potential Sentence Enhancements Determine Minimum and Maximums Determine Potential Disposition(s) Determine Additional Issues and Unintended Consequences Felony Sentencing Chart Misdemeanor Sentencing Chart Aggravating and Mitigating Factors Additional Enhancements - Habitual Status(es), Domestic Violence, Bullet-Proof Vests, Firearms Restitution 12 Chad D. Garrett

9 Fines and Fees Multiple Conviction Sentencing Options - Consolidate, Concurrent, Consecutive Multiple Conviction Sentencing Options for Misdemeanor Sentencing DNA Samples Jail Credit Earned Time Credit Probationary Sentences - Community Punishment or Intermediate Punishment N.C.G.S. 15A Conditions of Probation N.C.G.S. 15A (e) & (f) - Probation Officer Powers and Delegations Drug Trafficking Drug Trafficking Sentencing Chart Drug Classification and Weight Chart Drug Trafficking Special Rules Sentencing General Caution T TRIALS Mentors Organization for Trial Jury Trial Versus Bench Trial Amendment Arraignment Jurisdiction Counsel and Competency Issues Recordation of Proceedings Motions The ABCs of Criminal Court 13

10 Jury Issues Organization Opening State s Case in Chief Defense Motion to Dismiss Defense Evidence Rebuttal and Additional Evidence Defense Motion to Dismiss Charge Conference Closing Arguments Jury Charge Jury Deliberations Verdict Discharge or Sentence the Defendant Post-trial U UNINTENDED CONSEQUENCES Extraneous Costs of Criminal Convictions Internet Record Checks and Impact Enhanced Sentences Deportation Eviction/Public Housing/Trespass Rights Denied and Required Registrations Poverty Cycle Community Impact 14 Chad D. Garrett

11 V VOIR DIRE Jury Selection Juror Qualifications Challenges Jury Questions: General Questions Jury Questions: Introductions Jury Questions: Introduction of Voir Dire Principles Jury Questions: Juror Life Experience Jury Questions: Cases Involving Children Jury Questions: Testimony of Others Jury Questions: Testimony of Law Enforcement Jury Questions: Defendant s Decision Not to Testify Jury Questions: Presumption of Innocence Jury Questions: Reasonable Doubt W WARRANTS AND OTHER CRIMINAL PLEADINGS Charging Documents Constitutional and Statutory Authority Citation Criminal Summons Magistrate Order Arrest Warrant Statement of Charges Orders for Arrest Transfer from District Court to Superior Court Initial Appearance Required The ABCs of Criminal Court 15

12 X ExTRADITION Arrest Fugitive Warrants Generally Governor s Warrant Probation/Parole Fugitives Y YOUTHFUL OFFENDERS Debate Information available from the NC Office of Juvenile Defender Website Representing Juvenile Offenders Terminology Sentencing Z ZEAL Rules of Professional Conduct, Rule 0.1 Be All Things Zeal Defined 16 Chad D. Garrett