(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 and prior to arraignment. (1973, c. 1286, s. 1; 1975, 2nd Sess., c. 983, s. 134; 1983, c. 727; 1987 (Reg. Sess., 1988), c. 1037, s. 53; 2009-398, s. 3; 2022-47, s. 16(e).)
Notes of Decisions
Cited in
11
cases, 1978–2015 · leading case:
State v. Golphin, 533 S.E.2d 168 (N.C. 2000).
State v. Golphin, 533 S.E.2d 168 (N.C. 2000).
· cites it 3× “” N.C.G.S. § 15A-131(c) (1999). Parties may waive venue or defendants may move for a change of venue pursuant to N.”
State v. Prevatte, 570 S.E.2d 440 (N.C. 2002).
· cites it 3× “N.C.G.S. § 15A-131(c) (2001). However, defendant’s contention ignores the facts of this case.”
State v. Paige, 343 S.E.2d 848 (N.C. 1986).
· cites it 3× “The defendants then moved for transfer from Union County to Mecklenburg County on the ground that Mecklenburg was the place where many of the alleged offenses occurred and was therefore the place of proper venue under N.C.G.S. § 15A-131. Thereafter the trial judge concluded that…”
State v. Perry, 582 S.E.2d 708 (N.C. Ct. App. 2003).
· cites it 8× “N.C. Gen. Stat. § 15A-131. Because the offenses are joinable offenses under N.”
State v. Chandler, 376 S.E.2d 728 (N.C. 1989).
· cites it 3× “After the judge entered the order declaring a mistrial, the State made a motion for a change of venue for the retrial from Madison County *183 to Buncombe County. The judge subsequently granted the State’s motion for change of venue.”
State v. Hood, 239 S.E.2d 802 (N.C. 1978).
· cites it 4× “See G.S. 15A-131; State v. Lewis, supra; State v.”
State v. Gardner, 353 S.E.2d 662 (N.C. Ct. App. 1987).
· cites it 9× “In addition, the cross reference in N.C.G.S. § 15A-131 specifically refers the readers to N.”
State v. Tucker, 743 S.E.2d 55 (N.C. Ct. App. 2013).
· cites it 2× “N.C. Gen. Stat. § 15A-131(e) (2011), the statute governing venue in criminal cases, provides that “[a]n offense occurs in a county if any act or omission constituting part of the offense occurs within the territorial limits of the county.”
State v. Bolt, 344 S.E.2d 51 (N.C. Ct. App. 1986).
· cites it 2× “Our venue statutes, G.S. 15A-131, et seq., provide that “[a]n offense occurs in a county if any act .”
State v. Benfield, 285 S.E.2d 299 (N.C. Ct. App. 1982).
“G.S. 15A-131(c). The breaking and entering and larceny charges were brought in Cleveland County based upon a *383 criminal occurrence in that county.”
State v. Sellers, 776 S.E.2d 898 (N.C. Ct. App. 2015).
· cites it 2× “"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," N.C. Gen.Stat. § 15A-131 (2013), and counties may have concurrent venue where the "charged offense…”
— N.C. Gen. Stat. § 15A-131(c) — 7 cases
State v. Golphin, 533 S.E.2d 168 (N.C. 2000).
“” N.C.G.S. § 15A-131(c) (1999). Parties may waive venue or defendants may move for a change of venue pursuant to N.”
State v. Prevatte, 570 S.E.2d 440 (N.C. 2002).
“N.C.G.S. § 15A-131(c) (2001). However, defendant’s contention ignores the facts of this case.”
State v. Chandler, 376 S.E.2d 728 (N.C. 1989).
“After the judge entered the order declaring a mistrial, the State made a motion for a change of venue for the retrial from Madison County *183 to Buncombe County. The judge subsequently granted the State’s motion for change of venue.”
State v. Hood, 239 S.E.2d 802 (N.C. 1978).
“See G.S. 15A-131; State v. Lewis, supra; State v.”
State v. Gardner, 353 S.E.2d 662 (N.C. Ct. App. 1987).
“In addition, the cross reference in N.C.G.S. § 15A-131 specifically refers the readers to N.”
— N.C. Gen. Stat. § 15A-131(e) — 3 cases
State v. Tucker, 743 S.E.2d 55 (N.C. Ct. App. 2013).
“N.C. Gen. Stat. § 15A-131(e) (2011), the statute governing venue in criminal cases, provides that “[a]n offense occurs in a county if any act or omission constituting part of the offense occurs within the territorial limits of the county.”
State v. Perry, 582 S.E.2d 708 (N.C. Ct. App. 2003).
“N.C. Gen. Stat. § 15A-131. Because the offenses are joinable offenses under N.”
State v. Bolt, 344 S.E.2d 51 (N.C. Ct. App. 1986).
“Our venue statutes, G.S. 15A-131, et seq., provide that “[a]n offense occurs in a county if any act .”
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