NC Criminal Law

Joseph L. Hyde on Monday, September 21st, 2026

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 16, 2026.

Trial court did not err by finding a violation of conditions of probation based on Defendant’s admission to failure to pay; insufficient evidence supported the findings that Defendant committed new criminal offenses and failed to report as directed; trial court did not err by imposing a five-month...

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A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.

An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).

All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).

With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).

There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.