The defendant in State v. Phillips, No. COA25-275 (N.C. Ct. App. Jan. 7, 2026), argued the trial court erred by denying his pretrial motion to dismiss based on a defective indictment. The Court of Appeals rejected the argument, finding the defendant failed to demonstrate he was prejudiced by the alleged indictment error. Until recently, when indictment defects were jurisdictional, such challenges did not...
NC Criminal Law
on Tuesday, March 10th, 2026
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Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
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).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
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