North Carolina has a budget again. S257 became S.L. 2026-41 when Governor Stein signed it on July 7. The bill contains many provisions pertinent to the criminal justice community. Some, like the $1,750 bonus for every local law enforcement officer in the state (see page 537 of the PDF) have received extensive media attention. Others, not so much. Here’s a non-exhaustive list of budget...
NC Criminal Law
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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.
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).
Improper venue is waivable, while improper jurisdiction ordinarily is not.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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