NC Criminal Law

Brittany Bromell on Tuesday, November 3rd, 2026

In a previous post, I wrote about the different types of sureties on a bail bond. As a quick recap, a surety is one who, along with the defendant, is liable for the amount of the bail bond upon forfeiture of bail. Sometimes, for any number of reasons, a surety may wish to be released from the obligation of a bail bond. One of the ways a surety may be relieved from this obligation is by...

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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).

The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).

Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).

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.