Flock cameras. In Monday’s post, Jeff mentioned the expanded authority for license plate readers included in the state budget. News stories this week exemplify arguments on both sides of the issue of expanded use of cameras and other law enforcement technologies....
NC Criminal Law
#NCPROTIP
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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).
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).
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
The state is not barred from recharging an offense if it was dismissed because the state’s motion to continue was denied.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
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