In an earlier post, I discussed one category of unprotected speech that may be criminally punished consistent with the First Amendment, speech integral to criminal conduct. My former colleague Jonathan Holbrook has written about another category of unprotected speech, true threats. Today’s post discusses another...
NC Criminal Law
on Wednesday, March 11th, 2026
#NCPROTIP
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The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
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).
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.
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.
If the defendant appeals from a conviction arising out of a plea agreement in district court, the superior court has jurisdiction over misdemeanors that were dismissed, reduced, or modified pursuant to the agreement. See G.S. 15A-1431(b); 7A-271(b).
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