NC Criminal Law
There are over 200 available beds at the DART Center. No wait. Today’s post talks about that and other things we learned on a recent visit to Goldsboro.
Last week, 20 court officials participated in a program called Correctional Facilities Tour: East, a class I offer through the North Carolina Judicial College at the School of Government. The group included superior court judges,...
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.
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
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.
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.