Effective beginning with offenses committed on or after December 1, 2025, Part V. of Session law 2023-114 significantly revised North Carolina’s law governing capacity to proceed in delinquency cases. The changes included creation of new credentialing requirements for juvenile forensic evaluators and new procedures for appointing and paying those evaluators. The recently passed state budget makes changes to those appointment and payment procedures that will apply...
NC Criminal Law
on Tuesday, July 28th, 2026
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If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
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).
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.
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