An experienced attorney from another state recently remarked on her surprise at learning that there was no statute of limitations barring the prosecution of felony offenses in North Carolina after the passage of a specified period of time. This attorney’s comment reminded me that while the no-statute-of-limitations-state-of-affairs may be well-known among experienced practitioners of criminal law in NC, it isn’t necessarily known by others.
The web has several stories about large retail stores banning people caught shoplifting from returning, sometimes for life, sometimes from all of the stores in the chain. Sometimes the incident prompting the ban goes to court, with the person convicted of shoplifting. Sometimes the store does not pursue criminal charges but rather has the person sign an agreement acknowledging that he or she is not permitted to come back. What happens if the person returns, reenters the store, and is caught shoplifting again? In some districts in North Carolina, the person is charged not with trespassing and shoplifting, both misdemeanors, but rather with felony breaking or entering under G.S. 14-54(a). I have reservations about whether the law supports this charge.