The Juvenile Code provides explicit procedure for discovery in juvenile delinquency matters. This procedure does not mirror the law that governs discovery in criminal matters. The statutes also do not address the constitutional obligation for disclosure of certain exculpatory evidence under the standard established in Brady v. Maryland, 83 S.Ct. 1194 (1963). This post explains both the statutory framework for and constitutional obligation regarding discovery in delinquency cases....
NC Criminal Law
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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).
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.
A statement of charges may charge the same offenses as the original pleading or additional or different misdemeanor offenses. G.S. 15A-922(d).
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.
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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