A colleague recently came into my office carrying Volume 3 of the General Statutes of North Carolina Annotated by Lexis Nexis (what we attorneys call “the green book”) with a sticky note at the entry for G.S. 7A-4.1. The colleague said: “We don’t have retention elections for judges in North Carolina, do we?” “No,” I responded. Yet, as I looked at the entry for G.S. 7A-4.1, which sets...
NC Criminal Law
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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 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.
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
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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