Extradition is the procedure by which a person who has committed a crime in one state, escaped from custody in one state, or violated probation, parole or post-release supervision imposed by one state and has fled to another state is returned to the demanding state. Extradition may also be sought for non-fugitives—those who commit acts punishable in another state but were not present in the state when the crime was committed. The North Carolina laws on extradition are governed by...
NC Criminal Law
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
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 acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
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).
- 1 of 12
- Next ›