Articles in the Procedure category

In a previous post, I wrote about the different types of sureties on a bail bond. As a quick recap, a surety is one who, along with the defendant, is […]

James Comey is back in the news. The United States Department of Justice has filed a criminal information against the former Director of the FBI accusing him of revealing sensitive […]

This is Part II of a two-part blog discussing changes in the law surrounding criminal gang activity and gang enhancements brought about by House Bill 1173, S.L. 2026-37, Jaleeyah’s Law. […]

I am happy to announce the publication of a new Administration of Justice Bulletin on Bail Bond Forfeitures. This bulletin details the law on bail bond forfeitures as provided by […]

The U.S. Supreme Court will hear oral arguments this term in Kian v. Florida on whether the Sixth Amendment guarantees a criminal defendant the right to a twelve-member jury. In […]

In the criminal law context, magistrates primarily conduct initial appearances for individuals who have just been arrested, issue criminal process in the form of charging documents, and issue search warrants. […]

Magistrates regularly determine whether probable cause exists to issue search warrants, see G.S. 15A-245(b), arrest warrants, see G.S. 15A-304(d), and criminal summonses, see G.S. 15A-303(c). They also decide whether probable […]

This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on September 2, 2026. Where there is insufficient evidence in the record to determine whether […]

The North Carolina Supreme Court held in State v. Farook, No. 457PA20-2, ___ N.C. ___ (August 14, 2026) (summarized here), that the proper analysis for most claims of ineffective assistance […]

Part I of this two-part blog addressed what happens at arraignment, compared the way arraignment works in North Carolina to the way it works in other states, and set forth  […]