Pleadings and Motions. A defendant may plead guilty or not guilty, or, with the consent of both the prosecutor and the judge, may plead "no contest."Rule 1.2(c) of the Rules of Professional Conduct prohibits attorneys from engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation. As noted above, Reynolds added the gloss that the defendant must give notice of his or her intent before a negotiated plea is entered. Prior to the filing of a record on appeal in the appellate court, an appellant or cross-appellant may, without the consent of the other. Only one party has to consent to the recording or disclosure of communications. – An attorney who, under Article 4 of this Chapter, Entry and Withdrawal of Attorney in Criminal Case, has entered a criminal proceeding and has not withdrawn. An attorney generally does not need the consent of the adverse party to talk to witnesses. Just setting aside the guilty plea does not accomplish much if you risk being convicted again. In the State of North Carolina.