Last month, a federal judge dismissed mortgage fraud charges against New York Attorney General Letitia James based on what the court determined was the improper appointment of Acting United States Attorney Lindsay Halligan. Prosecutors pursued a new indictment last week, but a grand jury declined to charge James. This week, the Government tried again with a different grand jury, which also refused to issue charges. Defense attorney Abbe Lowell promptly proclaimed that “[a]ny further attempt...
NC Criminal Law
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Improper venue is waivable, while improper jurisdiction ordinarily is not.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
A criminal charge contained in a pleading must be sufficiently definite to identify the offense, enable the defendant to prepare his or her defense, bar a subsequent prosecution for the same offense, and enable the court to impose judgment.
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.
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