Criminal Procedure in North Carolina

ebook Volume 1

By Alfred Tartaglia

cover image of Criminal Procedure in North Carolina

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This 2-Volume 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 Laws are repealed, amended and new statutes are enacted throughout the year.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.
  • Criminal Procedure in North Carolina