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
The superior court has jurisdiction to accept a guilty plea to a misdemeanor tendered in lieu of a felony charge.
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).
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
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