For implied consent offenses, pretrial motions to suppress evidence and/or dismiss the case must be made pretrial, according to and in accordance with G.S. 20-38.6. Broadly speaking, this requires the district court judge to preliminarily indicate how they would rule and then provides an avenue for superior court review of their preliminary indication. The...
NC Criminal Law
on Wednesday, July 1st, 2026
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In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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