Criminal Procedure in North Carolina

Criminal Procedure in North Carolina continues to be the highly regarded comprehensive reference to the rules, statutes, and case law affecting criminal procedure in North Carolina. The content and materials covered in this text has grown throughout the years, so much that this new edition has transitioned from a single softbound volume now into a 2-Volume Looseleaf Binder Set w/ annual updates.

This text provides both prosecutors and defense counsel the required knowledge for every procedural aspect of the criminal case - from the arrest, the filing of criminal charges, preparing indictment, all possible defenses raised, trial, and finally, the appeal. Through careful analysis of the case law and legal precedents, the text points out where North Carolina Appellate Court decisions corresponds and conflict with holdings of the U.S. Supreme Court. The second binder provides various sample forms that conform to the policies expressed in the Criminal Rules.
Publisher: Michie

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Print Book:2 volumes, hardbound, with current supplement
5th Edition
ISBN: 9781663345066
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ISBN: 9781663345073
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5th Edition
ISBN: 9781663345073
Estimated: December 09, 2022
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This 2-Volume, Looseleaf Binder Set of Criminal Procedure in North Carolina was prepared in an effort to update legal discussions in the critical area of criminal procedure. This area of the law affects the application and use of criminal law and impact litigation skills which are utilized in the prosecution and defense of criminal cases. This new edition provides a comprehensive presentation of this subject while understanding that what are seemingly minor points can quickly become major points during the course of litigation. These materials should represent a starting, rather than an ending, point in your individual research of the issues which you will confront in your cases.

The text extracts the statutes pertinent to criminal law and procedure, controlled substance law, corrections and many related topics. Our staff of lawyer-editors has closely tracked the changes to North Carolina's criminal laws during the recent legislative session and has reviewed and expanded the scope of this volume accordingly.

Updated every year, this important resource provides instant access to accurate charging information—containing complete language for all criminal offenses and procedures in Chapter 15A of the Criminal Procedure Act, as well as important statutory definitions. This text presents practical notes and essential information on appropriate selection of charges in individual cases, as well as penalties, affirmative defenses, and statutory definitions. The text is updated annually in order to give attorneys and law enforcement professionals a comprehensive, current and useful manual, statutes defining substantive criminal offenses are in a constant state of flux. Laws are repealed, amended and new statutes are enacted throughout the year. Every effort is made to provide the reader with the most current and accurate charging instruments, based on up-to-date statutes.

Highlights include:
•  Annotations of the North Carolina Criminal Procedure Act (Chapter 15A: Crimes-Procedure)
•  Elements of all Criminal Offenses
•  List of Penalties and Index of Offenses
•  Tips on the drafting and filing of criminal charges
•  Tips on drafting the Indictment: making sure adequate notice of the crime charged and in plain, concise, and definite written statement of the essential facts constituting the offense charged
•  Making sure the content of the charging instrument/complaint meets constitutional, procedural, statutory and judicial requirements
•  Defining and applying the Information document: charging instrument used exclusively in a court of common pleas
•  Proof of causation and results, nature and date of offense, all material elements defining the offense.
•  Pleading proper venue
•  List of defenses plead by the accused
•  Samples of pleadings, motions, statement of charges, etc.

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Table of contents

Chapter 1 Ethical Concerns when Representing Criminal Defendants

Chapter 2 Jurisdiction of the Court

Chapter 3 Arrest, Seizure and Detention of the Person

Chapter 4 Processing the Defendant after the Arrest

Chapter 5 Investigation by the State

Chapter 6 Right to Counsel

Chapter 7 The Defendant's Right to Discovery

Chapter 8 Superior Court Motions Practice

Chapter 9 Speedy Trial and Securing Witnesses

Chapter 10 General Trial Procedures

Chapter 11 The Trial of the Case

Chapter 12 Sentencing and Probation

Chapter 13 Post-Conviction Relief and Appellate Review

Chapter 14 Forms and Sample Motions



Table of Cases

Table of Constitution and Statutes

Index