Can court records of juvenile delinquency adjudications be used to determine conditions of pretrial release in criminal cases? This question has come up more frequently since the requirement to consider a criminal history report when determining conditions of pretrial release took effect in late 2025 as part of Iryna’s Law. S.L. 2025-93, sec. 1.(d). While juvenile...
NC Criminal Law
on Tuesday, October 27th, 2026
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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.
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 state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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