Darcy lives in North Carolina. Upon learning about an upcoming music festival in California, Darcy creates realistic, high-quality digital replicas of the festival’s VIP wristband passes and PDF tickets. She posts them for sale online from her computer in North Carolina, and a group of friends in California buys four “tickets” from her for $1,200 via online payment. When the friends are turned away by festival security, they file a police report. A warrant is later...
NC Criminal Law
#NCPROTIP
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If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
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.
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