I wrote here about the North Carolina Court of Appeals decision in State v. Calderon, 290 N.C. App. 344 (2023), which set forth a new test for determining whether multiple acts of touching a child during a single encounter can support multiple counts of indecent...
NC Criminal Law
on Thursday, January 15th, 2026
#NCPROTIP
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If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).
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).
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.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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