In Monday’s post, Jeff mentioned the expanded authority for license plate readers included in the state budget. News stories this week exemplify arguments on both sides of the issue of expanded use of cameras and other law enforcement technologies. WRAL reported...
NC Criminal Law
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The core purpose of the Rules of Evidence is to achieve fairness, efficiency, and justice by ensuring that only relevant and reliable evidence is considered by the finder of fact. G.S. 8C-102(a).
Improper venue is waivable, while improper jurisdiction ordinarily is not.
A misdemeanor statement of charges is a criminal pleading prepared by the prosecutor, charging a misdemeanor. A statement of charges is a type of pleading, but is not a form of process, and cannot be used to initiate a prosecution and compel the defendant to appear. See G.S. 15A-922(b)(1).
With the consent of all parties, the district court may accept guilty pleas to Class H and I felonies. G.S. 7A-272(c).
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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