Courts look with particular suspicion on character evidence, and a number of rules seek to confine that sort of evidence to its proper place. Two recent cases illustrate the problem. In State v. Braswell, No. COA25-286 (N.C. Ct. App. Jan. 21, 2026), The Court of Appeals applied Evidence Rule 608 and held the trial court erred by admitting evidence of the victim’s truthful character. In...
NC Criminal Law
on Tuesday, February 10th, 2026
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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.
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
The court is not bound by the rules of evidence (except for rules on privilege) when deciding whether challenged evidence is admissible.
Venue to try an accessory after the fact is proper in any county where the principal could be prosecuted or in the county where the defendant committed acts that form the basis of the charge of accessory after the fact.
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).
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