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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A defendant has a Sixth Amendment right to counsel during interrogation by an officer or an informant about a pending charge after adversarial judicial proceedings for that charge have begun.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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 court should allow a defendant who moves to withdraw a guilty plea before sentencing to withdraw the plea for any “fair and just” reason.
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
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