I am excited to announce that I have published a bulletin on Iryna’s Law and Pretrial Release. The bill under which it was enacted, Session Law 2025-93 (HB 307), made a number of changes to statutes affecting criminal law and procedure. The bulletin focuses on the changes affecting pretrial release that took effect on December 1,...
NC Criminal Law
on Monday, March 16th, 2026
#NCPROTIP
Displaying 11 - 15 of 60
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
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 judge may not constitutionally impose a suspended sentence for a misdemeanor conviction unless the defendant was represented by counsel or properly waived counsel.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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.
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