As 2025 came to a close, the North Carolina Sentencing and Policy Advisory Commission published the Driving While Impaired Convictions Statistical Report for Fiscal Year 2024 (hereinafter “the report”). The report provided detailed information and statistics on convictions sentenced pursuant to G.S. 20-179. Because other misdemeanors and...
NC Criminal Law
on Wednesday, February 4th, 2026
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If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
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 prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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