North Carolina Statutes

Chapter 15A Criminal Procedure Act

Article 1 - Definitions and General Provisions.

Article 2 - Jurisdiction.

Article 3 - Venue.

Article 4 - Entry and Withdrawal of Attorney in Criminal Case.

Article 5 - Expunction of Records.

Article 6 - Reserved

Article 7 - Reserved

Article 8 - Electronic Recording of Interrogations.

Article 9 - Search and Seizure by Consent.

Article 10 - Other Searches and Seizures.

Article 11 - Search Warrants.

Article 12 - Pen Registers; Trap and Trace Devices.

Article 13 - DNA Database and Databank.

Article 14 - Nontestimonial Identification.

  • § 15A-271   Authority to issue order
    A nontestimonial identification order authorized by this Article may be issued by any judge upon request of a prosecutor. As used in this Article, "nontestimonial...
  • § 15A-272   Time of application; additional investigative procedures not precluded
    A request for a nontestimonial identification order may be made prior to the arrest of a suspect or after arrest and prior to trial. Nothing...
  • § 15A-273   Basis for order
    An order may issue only on an affidavit or affidavits sworn to before the judge and establishing the following grounds for the order: (1) That...
  • § 15A-274   Issuance of order
    Upon a showing that the grounds specified in G.S. 15A‑273 exist, the judge may issue an order requiring the person named or described with reasonable...
  • § 15A-275   Modification of order
    At the request of a person ordered to appear, the judge may modify the order with respect to time and place of appearance whenever it...
  • § 15A-276   Failure to appear
    Any person who fails without adequate excuse to obey an order to appear served upon him pursuant to this Article may be held in contempt...
  • § 15A-277   Service of order
    An order to appear pursuant to this Article may be served by a law‑enforcement officer. The order must be served upon the person named or...
  • § 15A-278   Contents of order
    An order to appear must be signed by the judge and must state: (1) That the presence of the person named or described in the...
  • § 15A-279   Implementation of order
    (a) Nontestimonial identification procedures may be conducted by any law‑enforcement officer or other person designated by the judge issuing the order. The extraction of any...
  • § 15A-280   Return
    Within 90 days after the nontestimonial identification procedure, a return must be made to the judge who issued the order or to a judge designated...
  • § 15A-281   Nontestimonial identification order at request of defendant
    A person arrested for or charged with a felony offense, or a Class A1 or Class 1 misdemeanor offense may request that nontestimonial identification procedures...
  • § 15A-282   Copy of results to person involved
    A person who has been the subject of nontestimonial identification procedures or his attorney must be provided with a copy of any reports of test...
  • § 15A-283 through 15A-284   Reserved for future codification purposes

Article 14A - Eyewitness Identification Reform Act.

Article 15 - Urgent Necessity.

Article 16 - Electronic Surveillance.

Article 16A - Discontinuation of Telecommunications Services.

Article 17 - Criminal Process.

  • § 15A-301   Criminal process generally
    (a) Formal Requirements. (1) A record of each criminal process issued in the trial division of the General Court of Justice must be maintained in...
  • § 15A-301.1   Electronic Repository
    (a) The Administrative Office of the Courts shall create and maintain, in cooperation with State and local law enforcement agencies, an automated electronic repository for...
  • § 15A-302   Citation
    (a) Definition. A citation is a directive, issued by a law enforcement officer or other person authorized by statute, that a person appear in court...
  • § 15A-303   Criminal summons
    (a) Definition. A criminal summons consists of a statement of the crime or infraction of which the person to be summoned is accused, and an...
  • § 15A-304   Warrant for arrest
    (a) Definition. A warrant for arrest consists of a statement of the crime of which the person to be arrested is accused, and an order...
  • § 15A-305   Order for arrest
    (a) Definition. As used in this section, an order for arrest is an order issued by a justice, judge, clerk, or magistrate that a law‑enforcement...

Article 18 - Reserved

Article 19 - Reserved

Article 20 - Arrest.

Article 21 - Reserved

Article 22 - Reserved

Article 23 - Police Processing and Duties upon Arrest.

Article 24 - Initial Appearance.

Article 25 - Commitment.

Article 26 - Bail.

Article 27 - Reserved

Article 28 - Reserved

Article 29 - First Appearance before District Court Judge.

Article 30 - Probable-Cause Hearing.

Article 31 - The Grand Jury and Its Proceedings.

Article 32 - Indictment and Related Instruments.

Article 33 - Reserved

Article 34 - Reserved

Article 35 - Speedy Trial.

Article 36 - Special Criminal Process for Attendance of Defendants.

Article 37 - Uniform Criminal Extradition Act.

Article 38 - Interstate Agreement on Detainers.

Article 39 - Other Special Process for Attendance of Defendants.

Article 40 - Reserved

Article 41 - Reserved

Article 42 - Attendance of Witnesses Generally.

Article 43 - Uniform Act to Secure Attendance of Witnesses from without a State in Criminal Proceedings.

Article 44 - Securing Attendance of Prisoners as Witnesses.

Article 45 - Fair Treatment for Certain Victims and Witnesses.

  • § 15A-824   Definitions
    As used in this Article, unless the context clearly requires otherwise: (1) "Crime" means a felony or serious misdemeanor as determined in the sole discretion...
  • § 15A-825   Treatment due victims and witnesses
    To the extent reasonably possible and subject to available resources, the employees of law‑enforcement agencies, the prosecutorial system, the judicial system, and the correctional system...
  • § 15A-826   Assistants for administrative and victim and witness services
    In addition to providing administrative and legal support to the district attorney's office, assistants for administrative and victim and witness services are responsible for coordinating...
  • § 15A-827   Scope
    This Article does not create any civil or criminal liability on the part of the State of North Carolina or any criminal justice agency, employee,...
  • § 15A-828 through 15A-829   Reserved for future codification purposes

Article 46 - Crime Victims' Rights Act.

  • § 15A-830   Definitions
    (a) The following definitions apply in this Article: (1) Accused. A person who has been arrested and charged with committing a crime covered by this...
  • § 15A-831   Responsibilities of law enforcement agency
    (a) As soon as practicable but within 72 hours after identifying a victim covered by this Article, the investigating law enforcement agency shall provide the...
  • § 15A-831.1   Polygraph examinations of victims of sexual assaults
    (a) A criminal or juvenile justice agency shall not require a person claiming to be a victim of sexual assault or claiming to be a...
  • § 15A-832   Responsibilities of the district attorney's office
    (a) Within 21 days after the arrest of the accused, but not less than 24 hours before the accused's first scheduled probable‑cause hearing, the district...
  • § 15A-832.1   Responsibilities of judicial officials issuing arrest warrants
    (a) In issuing a warrant for the arrest of an offender for any of the misdemeanor offenses set forth in G.S. 15A‑830(a)(7)g., based on testimony...
  • § 15A-833   Evidence of victim impact
    (a) A victim has the right to offer admissible evidence of the impact of the crime, which shall be considered by the court or jury...
  • § 15A-834   Restitution
    A victim has the right to receive restitution as ordered by the court pursuant to Article 81C of Chapter 15A of the General Statutes. (1998‑212,...
  • § 15A-835   Posttrial responsibilities
    (a) Within 30 days after the final trial court proceeding in the case, the district attorney's office shall notify the victim, in writing, of: (1)...
  • § 15A-836   Responsibilities of agency with custody of defendant
    (a) When a form is included with the final judgment and commitment pursuant to G.S. 15A‑832(g), or when the victim has otherwise filed a written...
  • § 15A-837   Responsibilities of Division of Community Corrections
    (a) The Division of Community Corrections shall notify the victim of: (1) The defendant's regular conditions of probation or post‑release supervision, special or added conditions,...
  • § 15A-838   Notice of commuted sentence or pardon
    The Governor's Clemency Office shall notify a victim when it is considering commuting the defendant's sentence or pardoning the defendant. The Governor's Clemency Office shall...
  • § 15A-839   No money damages
    This Article, including the provision of a service pursuant to this Article through the Statewide Automated Victim Assistance and Notification System established by the Governor's...
  • § 15A-840   No ground for relief
    The failure or inability of any person to provide a right or service under this Article, including a service provided through the Statewide Automated Victim...
  • § 15A-841   Incompetent victim's rights exercised
    When a victim is mentally or physically incompetent or when the victim is a minor, the victim's rights under this Article, other than the rights...
  • § 15A-842 through 15A-849   Reserved for future codification purposes

Article 47 - Reserved

Article 48 - Discovery in the Superior Court.

Article 49 - Pleadings and Joinder.

Article 50 - Voluntary Dismissal.

Article 51 - Arraignment.

Article 52 - Motions Practice.

Article 53 - Motion to Suppress Evidence.

Article 54 - Reserved

Article 55 - Reserved

Article 56 - Incapacity to Proceed.

Article 57 - Pleas.

Article 58 - Procedures Relating to Guilty Pleas in Superior Court.

Article 58A - Procedures Relating to Felony Guilty Pleas in District Court.

Article 59 - Maintenance of Order in the Courtroom.

  • § 15A-1031   Custody and restraint of defendant and witnesses
    A trial judge may order a defendant or witness subjected to physical restraint in the courtroom when the judge finds the restraint to be reasonably...
  • § 15A-1032   Removal of disruptive defendant
    (a) A trial judge, after warning a defendant whose conduct is disrupting his trial, may order the defendant removed from the trial if he continues...
  • § 15A-1033   Removal of disruptive witnesses and spectators
    The judge in his discretion may order any person other than a defendant removed from a courtroom when his conduct disrupts the conduct of the...
  • § 15A-1034   Controlling access to the courtroom
    (a) The presiding judge may impose reasonable limitations on access to the courtroom when necessary to ensure the orderliness of courtroom proceedings or the safety...
  • § 15A-1035   Other powers
    In addition to the use of the powers provided in this Article, a presiding judge may maintain courtroom order through the use of his contempt...
  • § 15A-1036 through 15A-1039   Reserved for future codification purposes

Article 60 - Reserved

Article 61 - Granting of Immunity to Witnesses.

Article 62 - Mistrial.

Article 63 - Reserved

Article 64 - Reserved

Article 65 - In General.

Article 66 - Procedure for Hearing and Disposition of Infractions.

  • § 15A-1112   Venue
    Venue for the conduct of infraction hearings lies in any county where any act or omission constituting part of the alleged infraction occurred. (1985, c....
  • § 15A-1113   Prehearing procedure
    (a) Process. A law enforcement officer may issue a citation for an infraction in accordance with the provisions of G.S. 15A‑302. A judicial official may...
  • § 15A-1114   Hearing procedure for infractions
    (a) Jurisdiction. Jurisdiction for the adjudication and disposition of infractions is as specified in G.S. 7A‑253 and G.S. 7A‑ 271(d). (b) No Trial by Jury....
  • § 15A-1115   Review of disposition by superior court
    (a) Appeal of District Court Decision. A person who denies responsibility and is found responsible for an infraction in the district court, within 10 days...
  • § 15A-1116   Enforcement of sanctions
    (a) Use of Contempt or Fine Collection Procedures: Notification of DMV. If the person does not comply with a sanction ordered by the court, the...
  • § 15A-1117   Recodified as 20-24.2 by Session Laws 1985 (Reg. Sess., 1986), c. 852, s. 3
  • § 15A-1118   Costs
    Costs assessed for an infraction are as specified in G.S. 7A‑304. (1985, c. 764, s. 3.)

Article 67 to 70 - Reserved

Article 71 - Right to Trial by Jury.

Article 72 - Selecting and Impaneling the Jury.

Article 73 - Criminal Jury Trial in Superior Court.

  • § 15A-1221   Order of proceedings in jury trial; reading of indictment prohibited
    (a) The order of a jury trial, in general, is as follows: (1) Repealed by Session Laws 1995 (Regular Session 1996), c. 725, s. 10....
  • § 15A-1222   Expression of opinion prohibited
    The judge may not express during any stage of the trial, any opinion in the presence of the jury on any question of fact to...
  • § 15A-1223   Disqualification of judge
    (a) A judge on his own motion may disqualify himself from presiding over a criminal trial or other criminal proceeding. (b) A judge, on motion...
  • § 15A-1224   Death or disability of trial judge
    (a) If by reason of sickness or other disability a judge before whom the defendant is being tried is unable to continue presiding over the...
  • § 15A-1225   Exclusion of witnesses
    Upon motion of a party the judge may order all or some of the witnesses other than the defendant to remain outside of the courtroom...
  • § 15A-1226   Rebuttal evidence; additional evidence
    (a) Each party has the right to introduce rebuttal evidence concerning matters elicited in the evidence in chief of another party. The judge may permit...
  • § 15A-1227   Motion for dismissal
    (a) A motion for dismissal for insufficiency of the evidence to sustain a conviction may be made at the following times: (1) Upon close of...
  • § 15A-1228   Notes by the jury
    Except where the judge, on the judge's own motion or the motion of any party, directs otherwise, jurors may make notes and take them into...
  • § 15A-1229   View by jury
    (a) The trial judge in his discretion may permit a jury view. If a view is ordered, the judge must order the jury to be...
  • § 15A-1230   Limitations on argument to the jury
    (a) During a closing argument to the jury an attorney may not become abusive, inject his personal experiences, express his personal belief as to the...
  • § 15A-1231   Jury instructions
    (a) At the close of the evidence or at an earlier time directed by the judge, any party may tender written instructions. A party tendering...
  • § 15A-1232   Jury instructions; explanation of law; opinion prohibited
    In instructing the jury, the judge shall not express an opinion as to whether or not a fact has been proved and shall not be...
  • § 15A-1233   Review of testimony; use of evidence by the jury
    (a) If the jury after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom....
  • § 15A-1234   Additional instructions
    (a) After the jury retires for deliberation, the judge may give appropriate additional instructions to: (1) Respond to an inquiry of the jury made in...
  • § 15A-1235   Length of deliberations; deadlocked jury
    (a) Before the jury retires for deliberation, the judge must give an instruction which informs the jury that in order to return a verdict, all...
  • § 15A-1236   Admonitions to jurors; regulation and separation of jurors
    (a) The judge at appropriate times must admonish the jurors that it is their duty: (1) Not to talk among themselves about the case except...
  • § 15A-1237   Verdict
    (a) The verdict must be in writing, signed by the foreman, and made a part of the record of the case. (b) The verdict must...
  • § 15A-1238   Polling the jury
    Upon the motion of any party made after a verdict has been returned and before the jury has dispersed, the jury must be polled. The...
  • § 15A-1239   Judicial comment on verdict
    The trial judge may not comment upon the verdict of a jury in open court in the presence or hearing of any member of the...
  • § 15A-1240   Impeachment of the verdict
    (a) Upon an inquiry into the validity of a verdict, no evidence may be received to show the effect of any statement, conduct, event, or...
  • § 15A-1241   Record of proceedings
    (a) The trial judge must require that the reporter make a true, complete, and accurate record of all statements from the bench and all other...
  • § 15A-1242   Defendant's election to represent himself at trial
    A defendant may be permitted at his election to proceed in the trial of his case without the assistance of counsel only after the trial...
  • § 15A-1243   Standby counsel for defendant representing himself
    When a defendant has elected to proceed without the assistance of counsel, the trial judge in his discretion may determine that standby counsel should be...
  • § 15A-1244 through 15A-1250   Reserved for future codification purposes

Article 74 - Reserved

Article 75 - Reserved

Article 76 - Reserved

Article 77 - Reserved

Article 78 - Order of Commitment to Imprisonment.

Article 79 - Reserved

Article 80 - Defendants Found Not Guilty by Reason of Insanity.

Article 81 - General Sentencing Provisions.

Article 81A - Sentencing Persons Convicted of Felonies.

Article 81B - Structured Sentencing of Persons Convicted of Crimes.

Article 81C - Restitution

  • § 15A-1340.34   Restitution generally
    (a) When sentencing a defendant convicted of a criminal offense, the court shall determine whether the defendant shall be ordered to make restitution to any...
  • § 15A-1340.35   Basis for restitution
    (a) In determining the amount of restitution, the court shall consider the following: (1) In the case of an offense resulting in bodily injury to...
  • § 15A-1340.36   Determination of restitution
    (a) In determining the amount of restitution to be made, the court shall take into consideration the resources of the defendant including all real and...
  • § 15A-1340.37   Effect of restitution order; beneficiaries
    (a) An order providing for restitution does not abridge the right of a victim or the victim's estate to bring a civil action against the...
  • § 15A-1340.38   Enforcement of certain orders for restitution
    (a) In addition to the provisions of G.S. 15A‑1340.36, when an order for restitution under G.S. 15A‑1340.34(b) requires the defendant to pay restitution in an...

Article 82 - Probation.

Article 83 - Imprisonment.

Article 84 - Fines.

Article 84A - Post-Release Supervision.

Article 85 - Parole.

  • § 15A-1370.1   Applicability of Article 85
    This Article is applicable to all prisoners serving sentences of imprisonment for convictions of impaired driving under G.S. 20‑138.1. This Article does not apply to...
  • § 15A-1371   Parole eligibility, consideration, and refusal
    (a) Eligibility. Unless his sentence includes a minimum sentence, a prisoner serving a term of imprisonment for a conviction of impaired driving under G.S. 20‑138.1...
  • § 15A-1372   Length and effect of parole term
    (a) Term of Parole. The term of parole for any person released from imprisonment may be no greater than one year. (b) Repealed by Session...
  • § 15A-1373   Incidents of parole
    (a) Conditionality of Parole. Unless terminated sooner as provided in subsection (b), parole remains conditional and subject to revocation. (b) Early Termination. The Post‑Release Supervision...
  • § 15A-1374   Conditions of parole
    (a) In General. The Post‑Release Supervision and Parole Commission may in its discretion impose conditions of parole it believes reasonably necessary to insure that the...
  • § 15A-1375   Commencement of parole; multiple sentences
    A period of parole commences on the day the prisoner is released from imprisonment. Periods of parole run concurrently with any federal or State prison,...
  • § 15A-1376   Arrest and hearing on parole violation
    (a) Arrest for Violation of Parole. A parolee is subject to arrest by a law‑enforcement officer or a parole officer for violation of conditions of...
  • § 15A-1377   Repealed by Session Laws 1977, 2nd Sess., c. 1147, s. 27
  • § 15A-1378 through 15A-1380   Reserved for future codification purposes

Article 85A - Parole of Certain Convicted Felons.

Article 85B - Review of Sentences of Life Imprisonment Without Parole.

Article 86 - Reports of Dispositions of Criminal Cases.

Article 87 - Reserved

Article 88 - Post-Trial Motions and Appeal.

Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief.

Article 90 - Appeals from Magistrates and District Court Judges.

Article 91 - Appeal to Appellate Division.

Article 92 - North Carolina Innocence Inquiry Commission.

Article 93-99 - Reserved

Article 100 - Capital Punishment.