Many juvenile cases are resolved through admissions (known as guilty pleas in criminal court), often with the prosecutor’s agreement to reduce the charge. Sometimes, the reduced charge is a lesser-included offense of the original offense charged in the petition, such as changing common law robbery to misdemeanor larceny. See State v. White, 142 N.C. App. 201, 204 (2001). But, often, a reduced charge is not a lesser-included offense, like changing sexual battery to simple assault. See State v. Corbett, 196 N.C. App. 508, 511 (2009). The question then becomes: How can the State proceed on a different offense than the one charged in the petition? Can the prosecutor prepare a misdemeanor statement of charges as in criminal court? Or, is a new petition required? Here are the answers.
Tag: motion to amend