NC Criminal Law

Joseph L. Hyde on Wednesday, June 10th, 2026

A defendant who claims self-defense may offer evidence of the victim’s prior violent conduct, if known to the defendant, to demonstrate the reasonableness of the defendant’s fear of the victim. Under Rule 404(b), however, evidence of other crimes, wrongs, or acts, is generally constrained by the requirements of similarity and temporal proximity between the past and present conduct. In State v...

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If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument. 

A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.

The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.

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

In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.