Overcrowding at North Carolina jails continues to be a problem, with Wake County jails holding more than 1,800 people in August despite a capacity of 1,574. As noted in prior news roundups, sheriffs point to the passage of Iryna’s Law as a cause of the increased population. Wake County Sheriff...
NC Criminal Law
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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.
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.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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.
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