Earlier this year, I attended the North Carolina Oral Fluid Summit sponsored by the Governor’s Highway Safety Program and the Foundation for Advancing Alcohol Responsibility. The focus of the Summit was roadside oral fluid testing for substances other than alcohol. It brought together law enforcement, advocates, and local government stakeholders to hear from...
NC Criminal Law
#NCPROTIP
Displaying 1 - 5 of 60
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
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.
- 1 of 12
- Next ›