In a pair of recent cases, the North Carolina Court of Appeals addressed jurisdictional issues related to the prosecution of misdemeanors and the adjudication of infractions in superior court. In State v. Gibbon, ___ N.C. App. ___, 926 S.E.2d 779 (2026), temp. stay allowed, ___ N.C. ___ (2026), the court of appeals determined that the State was not required to engage in...
NC Criminal Law
on Thursday, June 18th, 2026
#NCPROTIP
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Venue is proper in the entire district of the alleged offense, not just the particular county where the offense allegedly occurred. See G.S. 15A-131(b). Probable cause hearings are an exception and must be held in the county where the offense occurred. See G.S. 15a-131(c).
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
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).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
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