December 1 is approaching, which means that many of the changes enacted by the General Assembly this session will be taking effect soon. Among the pending changes are those enacted by Iryna’s law (H 307), which I covered in greater detail in an earlier blog post. This follow-up post focuses on the new category of “violent...
NC Criminal Law
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In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
Even if he does not testify, the defendant may offer evidence of a “pertinent trait” of his character. G.S. 8C-404(a)(1).
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