News about crime, criminal justice, and the courts often tends towards the gloomy, so I’m going to start this week with some positive news. The Carolina Journal has a story noting that “[c]rime in North Carolina public schools is down for the third consecutive year, dipping 6.6% . . . according to . . . the NC Department of Public Instruction.” Unfortunately, “incidents involving...
NC Criminal Law
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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.
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.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
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).
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