Darcy lives in North Carolina. Upon learning about an upcoming music festival in California, Darcy creates realistic, high-quality digital replicas of the festival’s VIP wristband passes and PDF tickets. She posts them for sale online from her computer in North Carolina, and a group of friends in California buys four “tickets” from her for $1,200 via online payment. When the friends are turned away by festival security, they file a police report. A warrant is later...
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).
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).
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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 judge may accept an Alford plea, in which a defendant pleads guilty but does not admit committing the offense and protests his or her innocence, if the record strongly supports the defendant’s guilt and the defendant intelligently concludes that it is in his or her interest to enter such a plea. The consent of the prosecutor is not required.
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