Shea covered the recent escapes of two inmates from the Vance County Detention Center. On the lam since June 3, the pair were apprehended without incident on Tuesday this week in Asheville, North Carolina. According to this report, the men...
NC Criminal Law
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With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
Unlike “character,” which refers to a person’s general disposition or personality trait, a “habit” is a person’s regular response to a repeated, specific situation. Evidence of a person’s habit may be introduced to show that the person’s conduct was in conformity with that habit on a particular occasion. G.S. 8C-406.
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).
The key question for double jeopardy analysis is whether each offense requires proof of an element that is not contained in the other — if not, they are the same offense and double jeopardy bars a successive prosecution.
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
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