On Tuesday, President Trump delivered the State of the Union address. The address included mentions of immigration and fentanyl, with the President spotlighting the designation of Mexican drug cartels as foreign terrorist organizations and his assertion that he had declared illicit fentanyl a “weapon of mass destruction.” As reported by NPR, applying terrorism tools to narcotics groups is a novel use of...
NC Criminal Law
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Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
The Double Jeopardy Clause does not prohibit multiple punishments for offenses when one is include within the other under the Blockburger test if both are tried at the same time and if the legislature specifically authorizes cumulative punishment for both offenses.
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).
A prosecutor’s failure to sign an indictment does not invalidate the indictment. G.S. 15A-644(a)(4).
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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