Not much has changed for cannabis law at the state level since my last post on the topic. I noted there that several defendants were seeking review before the North Carolina Supreme Court regarding the potential impact of legal hemp and the sight or odor of cannabis on probable cause. As readers may know, the North Carolina Supreme Court granted review in several cases addressing that issue and heard oral...
NC Criminal Law
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An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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 the elements of the offense were committed in more than one county, each county in which an element of the crime was committed has concurrent venue. See G.S. 15A-132(a).
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