2018 Waiver of venue in North Carolina Criminal Charges - LEGAL REFERENCE MATERIALS
§ 15A-133. Waiver of venue; motion for change of venue; indictment may be returned in other county.
WAIVER OF VENUE & NOTICE PROVISIONS(a) A waiver of venue must be in writing and signed by the defendant and the
prosecutor indicating the consent of all parties to the waiver. The waiver must specify what
stages of the proceedings are affected by the waiver, and the county to which venue is changed.
If the venue is to be laid in a county in another prosecutorial district, the consent in writing of
the prosecutor in that district must be filed with the clerks of both counties.
(b) Repealed by Session Laws 1989, c. 688, s. 2.
Motions for CHANGE OF VENUE - Criminal Charges in NC(c) Motions for change of venue by the defendant are made under G.S. 15A-957. If
venue is laid in a county in another prosecutorial district by order of the judge ruling on the
motion, no consent of any prosecutor is required.
(d) If venue is changed to a county in another prosecutorial district, whether upon
waiver of venue or by order of a judge, the prosecutor of the prosecutorial district where the
case originated must prosecute the case unless the prosecutor of the district to which venue has
been changed consents to conduct the prosecution.
(e) If venue is changed, whether upon waiver of venue or by order of a judge, the grand
jury in the county to which venue has been transferred has the power to return an indictment in
the case. If an indictment has already been returned before the change of venue, no new
indictment is necessary and prosecution may be had in the new county under the original
indictment. (1921, c. 12, ss. 1, 2; C.S., ss. 4606(a), 4606(b); 1973, c. 1286, s. 1; 1975, c. 166, s.
27; 1987 (Reg. Sess., 1988), c. 1037, s. 54; 1989, c. 688, s. 2.)
Additional resources provided by the author
- 2014 Criminal Procedure Law - Electronic Records - LEGAL REFERENCE MATERIALS
- What is "Venue" for Criminal Charges in North Carolina?
- FREE CONSULT Criminal Defense Lawyers in Charlotte NC
- $100 LEGAL FEES - Criminal Defense Lawyers in Charlotte, North Carolina
- Super Lawyers NC Magazine - Bill Powers - Bio & Criterion for Inclusion
- US NEWS & WORLD REPORT - BEST LAWYERS - Bill Powers - Membership Info & Criterion for Inclusion
- LEGAL HELP: Sexual Assault, Rape, and Sex Offenses in North Carolina