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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Improper venue is waivable, while improper jurisdiction ordinarily is not.
The state must give the defendant, at the beginning of jury selection, a written list of the names of all witnesses whom the state reasonably expects to call during the trial.
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).
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.
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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