NC Criminal Law

Joseph L. Hyde on Friday, December 5th, 2025

Elizabeth Holmes, who was convicted in 2022 for defrauding investors and is now serving time in federal prison, claimed this week that a key piece of evidence against her was a “false claim,” per this story from the N&O. Holmes founded the blood-testing startup Theranos in 2003. At trial, evidence showed that Holmes, without authorization, affixed drug companies’ logos to internal Theranos reports...

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A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.

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).

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).

An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.

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.