For implied consent offenses, pretrial motions to suppress evidence and/or dismiss the case must be made pretrial, according to and in accordance with G.S. 20-38.6. Broadly speaking, this requires the district court judge to preliminarily indicate how they would rule and then provides an avenue for superior court review of their preliminary indication. The...
NC Criminal Law
on Wednesday, July 1st, 2026
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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).
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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