Last month, the General Assembly overrode several gubernatorial vetoes that had been sitting for over a year. Among those overrides was Senate Bill 153, which is now chaptered as Session Law 2026-19. Part of the law directs various state agencies to enter into 287(g) agreements with federal immigration authorities. This post...
NC Criminal Law
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Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Evidence of the victim’s character may be introduced in two circumstances: First, the defendant may introduce evidence of a “pertinent trait” of the victim’s character. G.S. 8C-404(a)(2). The most common example is evidence of the victim’s violent character, offered when the defendant is claiming self-defense. Second, in homicide cases, the state may offer evidence of the victim’s character trait for “peacefulness” to rebut a claim by the defense that the victim was the first aggressor.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
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.
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