Date, Time and Place of OffenseĪ pleading must allege the date, time and place of an offense with enough specificity to enable the defendant to defend against the charge. 179 (2016) (a citation is sufficient if it identifies the offense, even if elements are missing). 548 (2018) ("the criminal pleading contents of a citation are designed and allowed to be more relaxed than those of other criminal charging instruments") State v. There is an exception to this rule for citations, which are generally valid even if they fail to allege every element, as long as they reasonably identify the crime charged.
783 (2006) (indictment fatally flawed where it did not include the full name of controlled substance substance listed as “methylenedioxymethamphetamine” but did not include “3,4” as listed in statute).
37 (2010) (indictment identifying controlled substance as “benzodiazepines, which is included in Schedule IV of the North Carolina Controlled Substances Act” was fatally defective since benzodiazepines were not listed in Schedule IV) State v. 220 (2011) (warrant could not support a conviction for attack by a dangerous dog, since it failed included the element of medical treatment cost) State v. 65 (2012) (indictment charging failing to notify sheriff’s office of change of address by a registered sex offender was defective where it failed to allege that defendant was a person required to register) State v. If the pleading fails to allege an essential element, it is defective and subject to dismissal. 262 (1955) (indictment that fails to allege every element of crime strips superior court of jurisdiction over case). 633, 639 (1977) (both indictments and warrants must “allege lucidly and accurately all the essential elements of the offense endeavored to be charged”) State v. Elements of the OffenseĮxcept for those crimes where a short-form indictment is statutorily permitted, both misdemeanor and felony pleadings must state all of the essential elements of the crime. For templates with recommended language to use when charging specific criminal offenses, please see the related entry on Arrest Warrant and Indictment Forms.