In a pair of recent cases, the North Carolina Court of Appeals addressed jurisdictional issues related to the prosecution of misdemeanors and the adjudication of infractions in superior court. In State v. Gibbon, ___ N.C. App. ___, 926 S.E.2d 779 (2026), temp. stay allowed, ___ N.C. ___ (2026), the court of appeals determined that the State was not required to engage in...
NC Criminal Law
on Thursday, June 18th, 2026
#NCPROTIP
Displaying 11 - 15 of 60
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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.
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).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
- ‹ Previous
- 3 of 12
- Next ›