The defendant in State v. Phillips, No. COA25-275 (N.C. Ct. App. Jan. 7, 2026), argued the trial court erred by denying his pretrial motion to dismiss based on a defective indictment. The Court of Appeals rejected the argument, finding the defendant failed to demonstrate he was prejudiced by the alleged indictment error. Until recently, when indictment defects were jurisdictional, such challenges did not...
NC Criminal Law
on Tuesday, March 10th, 2026
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Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
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.
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.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
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