Among the Juvenile Code provisions that distinguish juvenile delinquency cases from criminal cases are the statutes that explicitly tie mental health assessments and access to mental health treatment to the procedure required to construct and enter a dispositional order. After an adjudication of delinquency occurs (meaning that the juvenile was found beyond a reasonable doubt to be responsible for the offense(s) charged), the case moves to the dispositional phase....
NC Criminal Law
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
The court may take judicial notice of adjudicative facts that are not subject to any reasonable dispute if the facts are common knowledge in the jurisdiction or can be easily determined by reference to reliable sources.
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.
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.
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