Several chapters in the criminal law and evidence sections of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Indictments, written by Joe Hyde, which begins by noting the significance of the North Carolina Supreme Court’s decision in State v. Singleton, 386 N.C. 183 (2024). Singleton, as you may recall, concluded that the...
NC Criminal Law
on Monday, April 6th, 2026
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If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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.
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
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