Criminal Procedure in North Carolina
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.
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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 Laws are repealed, amended and new statutes are enacted throughout the year.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.
• 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