The Juvenile Code provides explicit procedure for discovery in juvenile delinquency matters. This procedure does not mirror the law that governs discovery in criminal matters. The statutes also do not address the constitutional obligation for disclosure of certain exculpatory evidence under the standard established in Brady v. Maryland, 83 S.Ct. 1194 (1963). This post explains both the statutory framework for and constitutional obligation regarding discovery in delinquency cases....
NC Criminal Law
#NCPROTIP
Displaying 11 - 15 of 60
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
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 prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
- ‹ Previous
- 3 of 12
- Next ›