NC Criminal Law
December is an exciting time of year. Some people are focused on the upcoming holidays, others on the chance of snow flurries. Here at the School of Government, we’re paying close attention to new legislation, much of which takes effect on December 1 of each year. This post focuses on 2025 changes to North Carolina laws concerning firearms. The legislature has already enacted several significant provisions, with one more still awaiting a possible veto override.
Creation of new...
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.