NC Criminal Law
This post summarizes two recent decisions by the Supreme Court of the United States.
A state law prohibiting individuals from carrying guns onto private property without the express approval of the property owner violates the Second Amendment.
Wolford v. Lopez, __ U.S. __ (June 25, 2026) (Alito, J.). For...
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.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.