Last month, the General Assembly overrode several gubernatorial vetoes that had been sitting for over a year. Among those overrides was Senate Bill 153, which is now chaptered as Session Law 2026-19. Part of the law directs various state agencies to enter into 287(g) agreements with federal immigration authorities. This post...
NC Criminal Law
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If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
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