NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 16, 2026.
Trial court did not err by finding a violation of conditions of probation based on Defendant’s admission to failure to pay; insufficient evidence supported the findings that Defendant committed new criminal offenses and failed to report as directed; trial court did not err by imposing a five-month...
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.