Motion in Arrest of Judgment — G.S. 15A-1416

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Email *

02CASE INFORMATION

Defendant Name *

File / Case No. *

County *

Court Division

Date of Judgment *

Offense(s) Convicted Of *

03GROUNDS (select all that apply)

Indictment Is Fatally Defective — fails to charge essential elements of the offense

Legal Argument — Fatal Defect in Indictment

Conviction on a Charge Not Contained in the Indictment

Legal Argument — Variance from Indictment

The Offense of Which the Defendant Was Convicted Is Not a Crime in North Carolina

Legal Argument — Not a Crime

Double Jeopardy — prosecution is barred by a prior conviction or acquittal

Legal Argument — Double Jeopardy

Court Lacked Subject Matter Jurisdiction over the Offense

Legal Argument — Lack of Jurisdiction

Conviction Based on Legally Insufficient Evidence

Legal Argument — Insufficient Evidence

04CASES AND STATUTES CITED

Legal Authority (cases, statutes, constitutional provisions)

SELECTED COUNTY

— Select above —

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Prevents judgment from being entered after verdict
Must be made before or at sentencing
Different from a motion for new trial — arrest of judgment voids the conviction entirely
Strongest remedy available when the underlying charge was invalid
Does not necessarily bar re-prosecution if indictment was merely defective (not if acquittal or double jeopardy)

Must be made before sentence is imposed or at sentencing hearing
Jurisdiction and double jeopardy grounds can be raised at any time
Fatal defect in indictment is jurisdictional — not waived by guilty plea or failure to object at trial
File written motion; oral motions at sentencing are disfavored

G.S. 15A-1416Motion in arrest of judgment

G.S. 15A-924Indictment requirements

U.S. Const. VDouble jeopardy

NC Const. I § 19Law of the land clause

Blockburger284 U.S. 299 (1932)