NC Criminal Law
If a person has a felony conviction, then gets it expunged, may the conviction nonetheless be used as a prior conviction to support a habitual felon charge? No reported appellate case answers the question. However, the relevant statutes have recently been amended, and it the answer now generally appears to be yes.
Many felonies may be expunged. It may come as a surprise to some readers that a felony conviction...
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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).
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
In felony cases, a defendant is entitled to inspect the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. See G.S. 15A-903(a).