Just over a week ago, former FBI Director James Comey was indicted in the Eastern District of North Carolina. This press release from the United States Department of Justice explains that Comey faces two counts. The first alleges that he “knowingly and willfully made a threat to take the life of . . . the President of the United States . . . by publicly posting...
NC Criminal Law
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The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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