NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 19, 2026.
Trial court erred by dismissing the charges against the defendant pursuant to G.S. 15A-954(a)(4) as the defendant failed to show that he was irreparably prejudiced by the arresting officer’s testimony regarding the issuance of an earlier warrant against the defendant – testimony that violated the trial...
Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
A court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
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.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
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.