Pursuant to North Carolina General Statute § 15A-924(a), a citation or arrest warrant is facially defective if it fails to charge an offense properly. For a larceny offense to be properly charged, the citation or arrest warrant must identify the property owner, or alleged victim of the larceny, as either:
(1) A natural person; or
(2) A legal entity capable of owning property.
In order to show a legal entity is capable of owning property, the citation or warrant must specifically identify the entity by its legal name, using the proper designation as “corporation,” “incorporated,” “company,” or the like. For example, “Wal-Mart Stores, Inc.” is a legal entity capable of owning property, but “Wal-Mart” is not. Correct legal names for other retail store chains include:
· Belk, Inc.
· Target Corporation
· Kohl’s Department Stores, Inc.
· Sears, Roebuck and Co.
· Home Depot U.S.A., Inc.
A citation or warrant that fails to properly allege a legal entity capable of owning property is considered facially defective and could be grounds for a dismissal.
If you have been charged with larceny or shoplifting in Wake County, call The Law Offices of Wiley Nickel at 919-585-1486 for a free consultation with one of our experienced Raleigh larceny lawyers.