NC Criminal Law
One of the unique aspects of juvenile delinquency procedure is the intake and evaluation process. This mandatory process precedes commencement of a delinquency court action and determines if an initial allegation ever makes its way to court. It is implemented by the court counselor and includes an opportunity for prosecutor review of any decision not to move the allegation to court for judicial processing.
This process exists to:
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).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
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).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).