VENUE IN CRIMINAL COURT - LEGAL REFERENCE MATERIALS - PRE- NC GENERAL ASSEMBLY LONG SESSION 2018 -
§ 15A-131. Venue generally in North Carolina Criminal Court - Pre 2018 Legislative Term "Long Session" 2018
What is Venue in North Carolina Criminal Court?(a) Venue for pretrial and trial proceedings in district court of cases within the original
jurisdiction of the district court lies in the county where the charged offense occurred.
(b) Except for the probable cause hearing, venue for pretrial proceedings in cases within
the original jurisdiction of the superior court lies in the superior court district or set of districts as
defined in G.S. 7A-41.1 embracing the county where the venue for trial proceedings lies.
(c) Except as otherwise provided in this subsection, venue for probable cause hearings
and trial proceedings in cases within the original jurisdiction of the superior court lies in the
county where the charged offense occurred. Except as otherwise provided in this subsection, if
the alleged offense is committed within the corporate limits of a municipality which is the seat of
superior court and is located in more than one county, venue lies in the superior court which sits
within that municipality, but upon timely objection of the defendant or the district attorney in the
county in which the alleged offense occurred the case must be transferred to the county in which
the alleged offense occurred. However, for charges brought by municipal law enforcement
officers only, if the alleged offense is committed within the corporate limits of a municipality
that extends into four or more counties, each of which is in a separate superior court district,
offenses committed within the corporate limits of the municipality but in a superior court district
other than the one for which the municipality is the seat of superior court shall be disposed of in
the municipality with no allowance for objections by the defendant or the district attorney.
(d) Venue for misdemeanors appealed for trial de novo in superior court lies in the
county where the misdemeanor was first tried.
(e) An offense occurs in a county if any act or omission constituting part of the offense
occurs within the territorial limits of the county.
(f) For the purposes of this Article, pretrial proceedings are proceedings occurring after
the initial appearance before the magistrate and prior to arraignment.
Concurrent Venue in North Carolina Criminal Court - * 15A-132. Concurrent venue.(a) If acts or omissions constituting part of the commission of the charged offense
occurred in more than one county, each county has concurrent venue.
(b) If charged offenses which may be joined in a single criminal pleading under G.S.
15A-926 occurred in more than one county, each county has concurrent venue as to all charged
(c) When counties have concurrent venue, the first county in which a criminal process is
issued in the case becomes the county with exclusive venue.
Additional resources provided by the author
- Criminal Procedure Act in North Carolina
- Felony Larceny, Embezzlement & Fraud in NC - Bill Powers Criminal Defense Lawyer
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