NC Criminal Law
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.
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
Whichever county is the first to bring charges against the defendant has exclusive venue. See G.S. 15A-132. But if the county with exclusive venue dismisses the charges, another county with concurrent venue may initiate its own charges and obtain venue.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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