NC Criminal Law

Shea Denning on Thursday, March 19th, 2026

Judicial branch officials may be removed from office through a variety of proceedings. Judges of the trial courts and appellate court judges and justices may be removed from office by the North Carolina Supreme Court following an investigation by and the recommendation of the Judicial Standards Commission. G.S. 7A-376. Clerks of superior court and district attorneys may be removed by the senior resident superior court judge (or another superior court judge assigned to preside over the matter...

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A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).

When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.

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.

A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.

A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).