When a person is arrested for a criminal offense, the judicial official authorizing pretrial release must issue an appropriate order containing a statement of the conditions imposed. G.S. 15A-534(d). This order is normally memorialized on the AOC-CR-200 form (Conditions Of Release And Release Order). The CR-200 form includes sections for the judicial...
NC Criminal Law
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Improper venue is waivable, while improper jurisdiction ordinarily is not.
An initial appearance may be held before a magistrate anywhere within the state. See G.S. 7A-273(7).
Prosecution of the defendant for an infraction will bar a subsequent prosecution for a more serious offense arising out of the same conduct.
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
There is no double jeopardy bar to a second trial when a charge is dismissed because an indictment or other criminal pleading is fatally defective.
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