NC Criminal Law

Daniel Spiegel on Friday, July 12th, 2024

Back in May, it appeared that North Carolina lawmakers were moving toward a repeal of automatic expunctions of dismissed charges. However, in recent weeks, they have reversed course and a law providing for such expunctions was...

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A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.

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).

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

All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).

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.