NC Criminal Law
Magistrates are often referred to as the “first face” of the judicial system. They are critical to upholding the due process rights of North Carolina’s citizens. One of the best parts of my job is the opportunity to train magistrates in their civil law duties.
Magistrates must complete 12 hours of training each year, which includes annual instruction in seven required subjects. They include (1) setting conditions of pretrial release, (2) impaired driving laws, (3) issuing criminal...
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.