NC Criminal Law

Jacquelyn Greene on Tuesday, July 28th, 2026

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...

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Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.

Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.

Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.

An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.

An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).