In Part I of this two-part series, I discussed the significance of the Boxes 1-6 in the “findings” section of the AOC-CR-200 form (Conditions Of Release And Release Order). This post, Part II, details Boxes 7-12 on that form. Keep in mind that...
NC Criminal Law
on Tuesday, September 1st, 2026
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The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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.
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