NC Criminal Law
This post summarizes two recent decisions by the Supreme Court of the United States.
A state law prohibiting individuals from carrying guns onto private property without the express approval of the property owner violates the Second Amendment.
Wolford v. Lopez, __ U.S. __ (June 25, 2026) (Alito, J.). For...
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.