NC Criminal Law

Shea Denning on Monday, April 6th, 2026

Several chapters in the criminal law and evidence sections of the Superior Court Judges’ Benchbook recently have been updated. Among those chapters is Indictments, written by Joe Hyde, which begins by noting the significance of the North Carolina Supreme Court’s decision in State v. Singleton, 386 N.C. 183 (2024). Singleton, as you may recall, concluded that the...

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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).

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).

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.

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.

G.S. 15A-134 provides that if a charged offense occurred partly in North Carolina and partly in another state, a person charged with that offense may be tried in North Carolina only if he or she has not already been placed in jeopardy for the same offense by the other state.