For implied consent offenses, pretrial motions to suppress evidence and/or dismiss the case must be made pretrial, according to and in accordance with G.S. 20-38.6. Broadly speaking, this requires the district court judge to preliminarily indicate how they would rule and then provides an avenue for superior court review of their preliminary indication. The...
NC Criminal Law
on Wednesday, July 1st, 2026
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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.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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 acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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