Shea covered the recent escapes of two inmates from the Vance County Detention Center. On the lam since June 3, the pair were apprehended without incident on Tuesday this week in Asheville, North Carolina. According to this report, the men...
NC Criminal Law
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In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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).
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