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North Carolina Criminal Law

At the UNC School of Government

Category: burden of proof

Who Proves Prior Record?

Who proves prior convictions for sentencing purposes? By statute, the State. Sometimes, however, in the fast-paced world of district court, marshaling a defendant’s criminal record can seem like a shared […]

Whose Burden is it?

The State’s failure to accord a defendant his or her statutory implied consent rights as set forth in G.S. 20-16.2 may render the results of any ensuing breath test inadmissible. When a […]