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Lexis Nexis 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.
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Michie
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This 2-Volume, loose-leaf 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 Laws are repealed, amended and new statutes are enacted throughout the year.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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Featured Authors
Alfred C. Tartaglia, Esq.
Samuel J. Randall, IV
Ryan D. Stump
Samuel J. Randall, IV
Since 1998, Samuel J. Randall, IV has built a solid reputation among his peers, adversaries and the judiciary in Southeastern North Carolina as an aggressive and skilled criminal defense lawyer and advocate for his clients. Mr. Randall has represented hundreds of clients in criminal defense matters in the Federal and State courts of North Carolina. Mr. Randall's clients have been accused of every crime in the book, ranging from the most serious of matters, such as First Degree Murder and Drug Trafficking to lesser charges such as Shoplifting, and Traffic Violations. Mr. Randall handles criminal matters in State and Federal Courts throughout North Carolina. His commitment to representing individuals charged by the State and Federal government led Mr. Randall to become a Board Certified Specialist in both State and Federal Criminal Law by the North Carolina State bar in 2004. He was recertified in 2010. Currently there are over 28,000 licensed attorneys in North Carolina but only 53 are Specialists in both State and Federal Criminal law. Mr. Randall grew up in Charlotte, North Carolina. He attended Quail Hollow Junior High school and South Mecklenburg High School. In 1987, Mr. Randall joined the United States Navy and served as a Hospital Corpsman until he was Honorably Discharged in 1991. During his time in the Navy, Mr. Randall became qualified as an Aircrew member and performed Search and Rescue missions as an inflight medical technician. He is a Gulf War Veteran having served with HMM-226 during operation Desert Storm where he provided inflight medical assistance to wounded troops. After the Navy Mr. Randall attended the University of North Carolina at Wilmington where he received his Bachelor of Arts degree in Philosophy and Religion. Mr. Randall received his law degree from California Western School of Law in San Diego California. In 2012, Mr. Randall graduated from the Gerry Spence Trial Lawyers College in Wyoming and in 2013 graduated from both Graduate programs offered by the Trial Lawyers College.
Ryan D. Stump
Criminal defense attorney Ryan Stump was admitted to the North Carolina State Bar in 2011 after graduating with a J.D from Campbell University Norman Adrian Wiggins School of Law, and a B.A. from Campbell University. With additional education at the Trial Lawyers College in Wyoming, attorney Stump has developed a wide range of skills that have aided him in a number of state and federal criminal cases. He has represented clients in a variety of cases, from simple assault charges to serious felony crimes that are punishable by life in prison without parole.
Attorney Stump previously worked with the United States Attorney’s Office for the Eastern District of North Carolina. Through this position, he learned more about the government and how it handles/prosecutes cases, giving him valuable insights for the clients he currently serves. Other work experience, such as a corporate counsel position with First National Bank, helped him gain understanding into different financial crimes, thus providing clients accused of white collar criminal offenses with an experienced, knowledgeable legal professional. These jobs, combined with his litigation experience and education, provide attorney Stump with a strong foundation from which to practice criminal defense and personal injury law.
One of the cornerstones of attorney Stump’s legal practice is treating each client as an individual, not just a number. He became a lawyer to ensure that the rights of clients weren’t ignored or overlooked as a case makes its way through the criminal justice system. Through aggressive negotiation and thoroughly planned-out defense strategies, he is dedicated to protecting the rights of the people of North Carolina and their loved ones.
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
