Earlier this year, I attended the North Carolina Oral Fluid Summit sponsored by the Governor’s Highway Safety Program and the Foundation for Advancing Alcohol Responsibility. The focus of the Summit was roadside oral fluid testing for substances other than alcohol. It brought together law enforcement, advocates, and local government stakeholders to hear from...
NC Criminal Law
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When a statute sets forth disjunctive or alternative ways by which an offense may be committed, a warrant or indictment should charge them conjunctively, linking the alternatives by the word “and” instead of “or”.
A statement of charges, criminal summons, arrest warrant, citation or magistrate’s order may be amended at any time before or after final judgment as long as the amendment does not change the nature of the offense charged. G.S. 15A-922(f).
Improper venue is waivable, while improper jurisdiction ordinarily is not.
The rules of evidence do not apply at sentencing. G.S. 8C-1101(b)(3).
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).
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