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). Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct. Improper venue is waivable, while improper jurisdiction ordinarily is not. If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b). 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.
Today, we want to highlight one of the people who truly brings the School of Government’s mission to life. After more than 30 years of service to the UNC School of Government, Professor John Rubin is retiring. He leaves an extraordinary legacy as a revered teacher, trusted advisor, renowned author, and mentor. As the first faculty member to work on...
NC Criminal Law
on Tuesday, March 24th, 2026
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