In a pair of recent cases, the North Carolina Court of Appeals addressed jurisdictional issues related to the prosecution of misdemeanors and the adjudication of infractions in superior court. In State v. Gibbon, ___ N.C. App. ___, 926 S.E.2d 779 (2026), temp. stay allowed, ___ N.C. ___ (2026), the court of appeals determined that the State was not required to engage in...
NC Criminal Law
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
A judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not 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.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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