NC Criminal Law
Last week I participated in a CLE event sponsored by the Eastern Band of Cherokee Indians Tribal Court. It was a great event and an opportunity for me to learn about Cherokee history, culture, and institutions.
My main role at the CLE was to teach a session on the authentication and admissibility of digital evidence, drawing on North Carolina and federal law. Regular readers may...
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.
An information is an accusation drafted by the prosecutor and filed in superior court, charging one or more criminal offenses. An information may be filed only if the defendant waives indictment.
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.
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).
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).