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 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.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).