On Tuesday, President Trump delivered the State of the Union address. The address included mentions of immigration and fentanyl, with the President spotlighting the designation of Mexican drug cartels as foreign terrorist organizations and his assertion that he had declared illicit fentanyl a “weapon of mass destruction.” As reported by NPR, applying terrorism tools to narcotics groups is a novel use of...
NC Criminal Law
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A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
The superior court has general jurisdiction over all felonies, as well as any misdemeanors which are lesser-included offenses of the felony, joined with the felony, or initiated by grand jury presentment. G.S. 7A-271(a).
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
An indigent defendant who has been formally charged has a right to counsel at a pretrial lineup or other identification procedure at which defendant’s presence is required.
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