A new analysis of federal arrest data found that arrests for low-level offenses increased in 2025 even as violent crime rates continued to fall nationwide. According to the report, arrests for vagrancy, marijuana possession,...
NC Criminal Law
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The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
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.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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