During any initial appearance, magistrates must consider a host of issues. Starting with determining whether to begin the initial appearance, finding probable cause, determining whether they may set pretrial release conditions, setting conditions when permitted, and conducting a citizenship inquiry when required, magistrates must work through multiple steps before setting a person’s next court date and concluding the initial appearance. When a magistrate conducts an initial appearance for a...
NC Criminal Law
on Wednesday, May 6th, 2026
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Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
If the defendant does not introduce evidence, the defendant has the right to the first and last closing argument.
A judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
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