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Indictments

This section reproduces an Administration of Justice Bulletin on indictments covering fatal defect, fatal variance, and amendment of the indictment.
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Arraignment in Superior Court

This section discusses arraignment in superior court and covers, among other things, arraignment procedure, waiver of arraignment, consequences of failing to conduct an arraignment, calendaring issues in connection with arraignment, and counsel issues in connection with arraignment.
Keywords: G.S. 15A-941, arraign, arraignment, G.S. 15A-928

Pretrial Release (Updated July 2023)

This section discusses pretrial release and covers, among other things, entitlement to pretrial release conditions, persons authorized to set pretrial release conditions, pretrial release options, and modifying conditions of pretrial release.
Keywords: bond, secured bond, unsecured bond, custody release, written promise, electronic monitoring, impaired driving holds, cash bonds, green money bonds, bond doubling, failure to appear, forty-eight hour rule.

Right to Counsel During Criminal Prosecution (Updated January 2024)

This section discusses a variety of counsel issues, including the right to counsel and the right to proceed pro se, waiver of counsel, standby counsel, forfeiture of counsel, substitution of counsel and conflict of interest.
Keywords: Indiana v. Edwards, hybrid counsel

Pleas and Plea Negotiations (Updated June 2024)

This section discusses guilty pleas and covers, among other things, types of pleas, taking a plea, and withdrawal of a plea.
Keywords: Alford plea, no contest plea, factual basis, guilty plea colloquy, guilty plea

Motion to Suppress Procedure

This section discusses procedural issues in connection with motions to suppress and covers, among other things, the required contents of the motion, timing of the motion, hearings and orders on the motion, and appeal of the judge’s ruling on the motion.
Keywords: GS. 15A-974, illegally obtained evidence, evidence, suppression

Interrogations

This section discusses the law of interrogation in North Carolina.
Keywords: voluntariness, exclusionary rule, Miranda, custody, right to remain silent, Fifth Amendment, self-incrimination, juveniles, right to counsel, recording requirements, Montejo, Rothgery

Traffic Stops

This section discusses Fourth Amendment issues that arise in connection with traffic stops.
Keywords: vehicle stops, reasonable suspicion, car frisk, drug-sniffing dogs, drug dogs, weaving, pretextual stop, impaired

Note Taking by the Jury

This section discusses the judge’s authority to permit or prohibit note taking by jurors.
Keywords: note, notes, note-taking

Jury View (updated January 2025)

This section discusses when a jury view may be allowed of the crime scene or of large evidence that cannot be presented in the courtroom. It also covers a jury view of the person.
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