NC Criminal Law
As I mentioned last month, Timothy Heinle and I are nearing completion of an updated Superior Court Judges’ Benchbook chapter on Evidence Issues in Criminal Cases Involving Child Victims and Child Witnesses.
One of the most challenging and error-prone topics covered in the chapter is what an expert may and may not testify to. In the great majority of cases involving child sexual abuse, no physical evidence supports the allegations. Thus, credibility is central, and North Carolina...
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).