Probable cause (PC) hearings play a unique role in delinquency cases. They are required only in the subset of cases that are potentially eligible for transfer to superior court, and their timing and impact depend on the offenses that are charged and the age the juvenile was at the time of the alleged offense. This post walks through the basics of PC hearings in delinquency cases.
NC Criminal Law
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All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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).
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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