Constitutional protection against double jeopardy is understood to extend no further than the Fifth Amendment requires. Two recent cases from the Court of Appeals, however, seem to find greater double jeopardy protection under state law. In State v. Broadway, No. COA25-1159 (N.C. Ct. App. July 1, 2026), the court ruled a defendant could not be sentenced for two different assaults...
NC Criminal Law
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Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
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.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
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