Last week, several people sent me news articles about the prosecution of Samuel Tunick, who was detained by federal agents while re-entering the United States after a trip abroad. During the encounter, officers asked him for the passcode to his phone, but he reportedly gave them a duress code that wiped the device. Tunick was charged with a federal felony destruction of evidence offense. This post lays out what we know about the case, speculates about why it has...
NC Criminal Law
on Monday, August 3rd, 2026
#NCPROTIP
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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.
A trial judge may permit any party to introduce additional evidence at any time before verdict. See G.S. 15A-1226(b).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
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.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
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