Criminal Law and Procedure
What this domain tests
This domain covers offense classification, arrest and pretrial process, discovery, and sentencing under the North Carolina Criminal Procedure Act (G.S. Chapter 15A), with the substantive offenses found in G.S. Chapter 14 and evidence rules in G.S. Chapter 8C.
Classification and process
- Offenses are felonies (Class A through I), misdemeanors (Class 1 through 3 or A1), and infractions. Felonies are tried in superior court; misdemeanors in district court.
- Arrest may occur with a warrant or, on probable cause, without one (G.S. 15A-401). A warrantless arrestee must be brought before a judicial official promptly and within 48 hours (G.S. 15A-511).
- Pretrial release follows G.S. 15A-533: written promise, unsecured bond, secured bond, or custody, determined by risk of flight and danger.
- Felony prosecution proceeds by indictment (true bill) or, with consent, by information. Arraignment follows.
Discovery and evidence
- North Carolina is an open-file discovery state: G.S. 15A-903 requires the State to disclose its files, witness statements, and evidence to the defense.
- The Rules of Evidence (G.S. Chapter 8C) govern hearsay, prior bad acts under Rule 404(b), and impeachment; keep constitutional suppression issues separate from evidentiary objections.
Worked example
Police stop a driver with a broken taillight, smell alcohol, and administer field sobriety tests followed by a breath test after implied-consent advisement. The charge is DWI under G.S. 20-138.1, a misdemeanor for a first offense. The paralegal's role is to calendar the district court date, obtain the officer's reports through discovery, and assemble the file - not to advise the client on whether to refuse testing.
Traps that cost marks
- Mixing up the 48-hour first-appearance rule with speedy-trial limits.
- Assuming a motion in limine is the same as a motion to suppress.
- Forgetting that expunction is a separate statutory petition.