Shea covered the recent escapes of two inmates from the Vance County Detention Center. On the lam since June 3, the pair were apprehended without incident on Tuesday this week in Asheville, North Carolina. According to this report, the men...
NC Criminal Law
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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).
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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).
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.
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