The North Carolina Supreme Court recently decided two cases considering the impact of legal cannabis on probable cause. In State v. Dobson, No. 190PA24, ___ N.C. ___; 929 S.E.2d 315 (May 22, 2026), and State v. Rowdy, No. 300PA24, ___ N.C. ___; 929 S.E.2d 324 (May 22, 2026), the Court agreed with the...
NC Criminal Law
on Tuesday, June 30th, 2026
#NCPROTIP
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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).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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.
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