The words “available” and “unavailable” are used regularly when referring to witnesses whose out-of-court statements parties would like to admit into evidence. However, in working with Timothy Heinle to revise and update the Superior Court Judges’ Benchbook chapter on Evidence Issues in Criminal Cases Involving Child Victims and Child Witnesses (publication forthcoming!), I came to realize that the meaning of these words can be slippery and variable depending on the context. In this post, I...
NC Criminal Law
on Thursday, March 26th, 2026
#NCPROTIP
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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.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
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.
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