NC Criminal Law
There are two different types of probation extensions. They are set out in different statutes. And they can be confusing.
Ordinary extensions. Under G.S. 15A-1344(d), probation may be extended at any time “after notice and hearing and for good cause shown.” This type of extension allows probation to be extended up to the maximum allowed under G.S. 15A-1342(a), which is five years (or two years in the case of a...
Improper venue is waivable, while improper jurisdiction ordinarily is not.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).