Darcy lives in North Carolina. Upon learning about an upcoming music festival in California, Darcy creates realistic, high-quality digital replicas of the festival’s VIP wristband passes and PDF tickets. She posts them for sale online from her computer in North Carolina, and a group of friends in California buys four “tickets” from her for $1,200 via online payment. When the friends are turned away by festival security, they file a police report. A warrant is later...
NC Criminal Law
Improper venue is waivable, while improper jurisdiction ordinarily is not.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
Two or more offenses may be joined for trial when the offenses are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. See G.S. 15A-926(a).
If evidence is excluded by the trial court, the proponent of the evidence generally must provide an adequate offer of proof regarding the nature of the excluded evidence in order to argue on appeal that the evidence should have been allowed. See G.S. 8C-103(a)(2).
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