NC Criminal Law

Jeff Welty on Wednesday, October 28th, 2026

This post summarizes the published criminal opinions released by the Supreme Court of North Carolina on October 23, 2026.

A defendant who fled before sentencing violated an implied condition of his plea agreement, so when a judge later imposed a more severe sentence than the one set out in the plea agreement, the defendant was not entitled to an opportunity to withdraw his plea under G.S. 15A-1024

...
#NCPROTIP
Displaying 1 - 5 of 60

Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.

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).

In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).

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

A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.