The Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution and Article I, § 19 of the North Carolina Constitution protect criminal defendants from excessive or unfair pre-accusation delay — that is, delay that occurs between the date of the offense and the initiation of prosecution by arrest, indictment, or other formal accusation. To establish a due process violation, a defendant must show both that the delay prejudiced his or her ability to defend against the charge and that the reason for the delay was tactical, intentional, or grossly negligent.