On Monday, the United States Supreme Court granted certiorari review in Jouppi v. Alaska, a case involving a bush pilot’s appeal of the forfeiture of his $95,000 airplane because his passenger’s grocery bags contained three cases of beer (at least a six-pack of which Jouppi knew about because it was visible in the bag) and Jouppi was prepared to fly the...
NC Criminal Law
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Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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).
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.
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).
A defendant who is in custody has a Fifth Amendment right to counsel during an interrogation.
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