The North Carolina Supreme Court held in State v. Farook, No. 457PA20-2, ___ N.C. ___ (August 14, 2026) (summarized here), that the proper analysis for most claims of ineffective assistance of counsel based on an attorney’s admission of his or her client’s...
NC Criminal Law
on Thursday, September 3rd, 2026
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The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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).
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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