NC Criminal Law
One of the unique aspects of juvenile delinquency procedure is the intake and evaluation process. This mandatory process precedes commencement of a delinquency court action and determines if an initial allegation ever makes its way to court. It is implemented by the court counselor and includes an opportunity for prosecutor review of any decision not to move the allegation to court for judicial processing.
This process exists to:
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
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.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
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.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.