The role of law enforcement officers in involuntary commitments is controversial. Some argue that individuals subject to involuntary commitment are dangerous by definition, so it makes sense to task officers with taking them into custody. Others contend that the presence of officers makes what should be a healthcare event feel like an arrest, creates stigma, and often engenders resistance. A recent federal appellate case illustrates how things can go wrong, illustrates some impermissible...
NC Criminal Law
on Monday, March 2nd, 2026
#NCPROTIP
Displaying 11 - 15 of 60
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.
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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.
- ‹ Previous
- 3 of 12
- Next ›