Effective beginning with offenses committed on or after December 1, 2025, Part V. of Session law 2023-114 significantly revised North Carolina’s law governing capacity to proceed in delinquency cases. The changes included creation of new credentialing requirements for juvenile forensic evaluators and new procedures for appointing and paying those evaluators. The recently passed state budget makes changes to those appointment and payment procedures that will apply...
NC Criminal Law
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
If the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
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