A new Administration of Justice Bulletin on Rebuttable Presumptions Against Pretrial Release is now available. I previously blogged about these types of presumptions here, and this bulletin expands on the subject.
A...
NC Criminal Law
on Wednesday, August 5th, 2026
#NCPROTIP
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A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
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