NC Criminal Law

Jeff Welty on Wednesday, May 15th, 2024

Earlier this year, the Fourth Circuit decided United States v. Zelaya-Veliz, 94 F.4th 321 (4th Cir. 2024). Phil summarized it here when it came out, but we thought it merited its own post because of its extended discussion of how the Fourth Amendment applies to search warrants for social media account...

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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).

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).

The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.

The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.