NC Criminal Law
This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 19, 2026.
Trial court erred by dismissing the charges against the defendant pursuant to G.S. 15A-954(a)(4) as the defendant failed to show that he was irreparably prejudiced by the arresting officer’s testimony regarding the issuance of an earlier warrant against the defendant – testimony that violated the trial...
Improper venue is waivable, while improper jurisdiction ordinarily is not.
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).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.