In Part I of this two-part series, I discussed the significance of the Boxes 1-6 in the “findings” section of the AOC-CR-200 form (Conditions Of Release And Release Order). This post, Part II, details Boxes 7-12 on that form. Keep in mind that...
NC Criminal Law
on Tuesday, September 1st, 2026
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Misdemeanors may be charged in an indictment only if the charge is initiated by presentment or if the offense is joined with a charged felony. See G.S. 15A-923; G.S. 7A-271.
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 court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
Improper venue is waivable, while improper jurisdiction ordinarily is not.
Each separate offense charged against a defendant must be pled in a separate pleading, or in a separate count within a single pleading. See G.S. 15A-924(a)(2).
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