NC Criminal Law
Editor’s note: This post first appeared on the School of Government’s blog directed at civil law and procedure. It is cross-posted here because the content is also pertient for prosecutors, judges, and other actors in the criminal justice system.
Like every other state, North Carolina has a mandatory reporting law for child abuse and neglect. North Carolina’s law requires any person or institution with cause to suspect a child is abused, neglected, or...
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).