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.
- § 15A-241 Definition of search warrant
A search warrant is a court order and process directing a law‑enforcement officer to search designated premises, vehicles, or persons for the purpose of seizing...
- § 15A-242 Items subject to seizure under a search warrant
An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled;...
- § 15A-243 Who may issue a search warrant
(a) A search warrant valid throughout the State may be issued by: (1) A Justice of the Supreme Court. (2) A judge of the Court...
- § 15A-244 Contents of the application for a search warrant
Each application for a search warrant must be made in writing upon oath or affirmation. All applications must contain: (1) The name and title of...
- § 15A-245 Basis for issuance of a search warrant; duty of the issuing official
(a) Before acting on the application, the issuing official may examine on oath the applicant or any other person who may possess pertinent information, but...
- § 15A-246 Form and content of the search warrant
A search warrant must contain: (1) The name and signature of the issuing official with the time and date of issuance above his signature; and...
- § 15A-247 Who may execute a search warrant
A search warrant may be executed by any law‑enforcement officer acting within his territorial jurisdiction, whose investigative authority encompasses the crime or crimes involved. (1868‑9,...
- § 15A-248 Time of execution of a search warrant
A search warrant must be executed within 48 hours from the time of issuance. Any warrant not executed within that time limit is void and...
- § 15A-249 Officer to give notice of identity and purpose
The officer executing a search warrant must, before entering the premises, give appropriate notice of his identity and purpose to the person to be searched,...
- § 15A-250 Reserved for future codification purposes
- § 15A-251 Entry by force
An officer may break and enter any premises or vehicle when necessary to the execution of the warrant if: (1) The officer has previously announced...
- § 15A-252 Service of a search warrant
Before undertaking any search or seizure pursuant to the warrant, the officer must read the warrant and give a copy of the warrant application and...
- § 15A-253 Scope of the search; seizure of items not named in the warrant
The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein....
- § 15A-254 List of items seized
Upon seizing items pursuant to a search warrant, an officer must write and sign a receipt itemizing the items taken and containing the name of...
- § 15A-255 Frisk of persons present in premises or vehicle to be searched
An officer executing a warrant directing a search of premises or of a vehicle may, if the officer reasonably believes that his safety or the...
- § 15A-256 Detention and search of persons present in private premises or vehicle to be searched
An officer executing a warrant directing a search of premises not generally open to the public or of a vehicle other than a common carrier...
- § 15A-257 Return of the executed warrant
An officer who has executed a search warrant must, without unnecessary delay, return to the clerk of the issuing court the warrant together with a...
- § 15A-258 Disposition of seized property
Property seized shall be held in the custody of the person who applied for the warrant, or of the officer who executed it, or of...
- § 15A-259 Application of Article to all warrants; exception as to inspection warrants and special riot situations
The requirements of this Article apply to search warrants issued for any purpose, except that the contents of and procedure relating to inspection warrants are...
Article 12 - Pen Registers; Trap and Trace Devices.
Article 13 - DNA Database and Databank.
- § 15A-266 Short title
This Article may be cited as the DNA Database and Databank Act of 1993. (1993, c. 401, s. 1.)
- § 15A-266.1 Policy
It is the policy of the State to assist federal, State, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion...
- § 15A-266.2 Definitions
As used in this Article, unless another meaning is specified or the context clearly requires otherwise, the following terms have the meanings specified: (1) "CODIS"...
- § 15A-266.3 Procedural compatibility with the FBI
The DNA identification system as established by the SBI shall be compatible with the procedures specified by the FBI, including use of comparable test procedures,...
- § 15A-266.4 Blood sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity
(a) Unless a DNA sample has previously been obtained by lawful process and stored in the State DNA database, and that sample has not been...
- § 15A-266.5 Tests to be performed on blood sample
(a) The tests to be performed on each blood sample are: (1) To analyze and type the genetic markers contained in or derived from the...
- § 15A-266.6 Procedures for withdrawal of blood sample for DNA analysis
(a) Each DNA sample required to be drawn pursuant to G.S. 15A‑266.4 from persons who are incarcerated shall be drawn at the place of incarceration....
- § 15A-266.7 Procedures for conducting DNA analysis of blood sample
The SBI shall adopt rules governing the procedures to be used in the submission, identification, analysis, and storage of DNA samples and typing results of...
- § 15A-266.8 DNA database exchange
(a) It shall be the duty of the SBI to receive DNA samples, to store, to analyze or to contract out the DNA typing analysis...
- § 15A-266.9 Cancellation of authority to exchange DNA records
The SBI is authorized to revoke the right of a forensic DNA laboratory within the State to exchange DNA identification records with federal, State, or...
- § 15A-266.10 Repealed by Session Laws 2001-282, s. 3
- § 15A-266.11 Unauthorized uses of DNA Databank; penalties
(a) Any person who, by virtue of employment, or official position, has possession of, or access to, individually identifiable DNA information contained in the State...
- § 15A-266.12 Confidentiality of records
(a) All DNA profiles and samples submitted to the SBI pursuant to this Article shall be treated as confidential except as provided in G.S. 15A‑266.8....
- § 15A-267 Access to DNA samples from crime scene
(a) A criminal defendant shall have access before trial to the following: (1) Any DNA analyses performed in connection with the case in which the...
- § 15A-268 (Effective until March 1, 2008) Preservation of samples of biological materials
(a) As used in this section, the term "biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood,...
- § 15A-269 Request for postconviction DNA testing
(a) A defendant may make a motion before the trial court that entered the judgment of conviction against the defendant for performance of DNA testing...
- § 15A-270 Post-test procedures
(a) Notwithstanding any other provision of law, upon receiving the results of the DNA testing conducted under G.S. 15A‑269, the court shall conduct a hearing...
- § 15A-270.1 (Effective March 1, 2008) Right to appeal denial of defendant's motion for DNA testing
The defendant may appeal an order denying the defendant's motion for DNA testing under this Article, including by an interlocutory appeal. (2007‑539, s. 4.)
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.
- § 15A-286 Definitions
As used in this Article, unless the context requires otherwise: (1) "Aggrieved person" means a person who was a party to any intercepted wire, oral,...
- § 15A-287 Interception and disclosure of wire, oral, or electronic communications prohibited
(a) Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least...
- § 15A-288 Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited
(a) Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if the person: (1) Manufactures, assembles, possesses,...
- § 15A-289 Confiscation of wire, oral, or electronic communication interception devices
Any electronic, mechanical, or other device used, sent, carried, manufactured, assembled, possessed, sold, or advertised in violation of G.S. 15A‑288 may be seized and forfeited...
- § 15A-290 Offenses for which orders for electronic surveillance may be granted
(a) Orders authorizing or approving the interception of wire, oral, or electronic communications may be granted, subject to the provisions of this Article and Chapter...
- § 15A-291 Application for electronic surveillance order; judicial review panel
(a) The Attorney General or the Attorney General's designee may, pursuant to the provisions of section 2516(2) of Chapter 119 of the United States Code,...
- § 15A-292 Request for application for electronic surveillance order
(a) The head of any municipal, county, or State law enforcement agency or any district attorney may submit a written request to the Attorney General...
- § 15A-293 Issuance of order for electronic surveillance; procedures for implementation
(a) Upon application by the Attorney General pursuant to the procedures in G.S. 15A‑291, a judicial review panel may enter an ex parte order, as...
- § 15A-294 Authorization for disclosure and use of intercepted wire, oral, or electronic communications
(a) Any investigative or law enforcement officer who, by any means authorized by this Article or Chapter 119 of the United States Code, has obtained...
- § 15A-295 Reports concerning intercepted wire, oral, or electronic communications
In January of each year, the Attorney General of this State must report to the Administrative Office of the United States Court the information required...
- § 15A-296 Recovery of civil damages authorized
(a) Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of this Article, has a civil cause of action...
- § 15A-297 Conformity to provisions of federal law
It is the intent of this Article to conform the requirements of all interceptions of wire, oral, or electronic communications conducted by investigative or law...
- § 15A-298 Subpoena authority
Pursuant to rules issued by the Attorney General, the Director of the State Bureau of Investigation or the Director's designee may issue an administrative subpoena...
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.
- § 15A-531 Definitions
As used in this Article the following definitions apply unless the context clearly requires otherwise: (1) "Accommodation bondsman" means a natural person who has reached...
- § 15A-532 Persons authorized to determine conditions for release; use of two-way audio and video transmission
(a) Judicial officials may determine conditions for release of persons brought before them or as provided in subsection (b) of this section, in accordance with...
- § 15A-533 Right to pretrial release in capital and noncapital cases
(a) A defendant charged with any crime, whether capital or noncapital, who is alleged to have committed this crime while still residing in or subsequent...
- § 15A-534 Procedure for determining conditions of pretrial release
(a) In determining conditions of pretrial release a judicial official must impose one of the following conditions: (1) Release the defendant on his written promise...
- § 15A-534.1 Crimes of domestic violence; bail and pretrial release
(a) In all cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a felony provided in Articles...
- § 15A-534.2 Detention of impaired drivers
(a) A judicial official conducting an initial appearance for an offense involving impaired driving, as defined in G.S. 20‑4.01(24a), must follow the procedure in G.S....
- § 15A-534.3 Detention for communicable diseases
If a judicial official conducting an initial appearance or first appearance hearing finds probable cause that an individual was exposed to the defendant in a...
- § 15A-534.4 Sex offenses and crimes of violence against child victims: bail and pretrial release
(a) In all cases in which the defendant is charged with felonious or misdemeanor child abuse, with taking indecent liberties with a minor in violation...
- § 15A-534.5 Detention to protect public health
If a judicial official conducting an initial appearance finds by clear and convincing evidence that a person arrested for violation of an order limiting freedom...
- § 15A-534.6 Bail in cases of manufacture of methamphetamine
In all cases in which the defendant is charged with any violation of G.S. 90‑95(b)(1a) or G.S. 90‑95(d1)(2)b., in determining bond and other conditions of...
- § 15A-535 Issuance of policies on pretrial release
(a) Subject to the provisions of this Article, the senior resident superior court judge for each district or set of districts as defined in G.S....
- § 15A-536 Release after conviction in the superior court
(a) A defendant whose guilt has been established in the superior court and is either awaiting sentence or has filed an appeal from the judgment...
- § 15A-537 Persons authorized to effect release
(a) Following any authorization of release of any person in accordance with the provisions of this Article, any judicial official must effect the release of...
- § 15A-538 Modification of order on motion of person detained; substitution of surety
(a) A person who is detained or objects to the conditions required for his release which were imposed or allowed to stand by order of...
- § 15A-539 Modification upon motion of prosecutor
(a) A prosecutor may at any time apply to an appropriate district court judge or superior court judge for modification or revocation of an order...
- § 15A-540 Surrender of a defendant by a surety; setting new conditions of release
(a) Going Off the Bond Before Breach. Before there has been a breach of the conditions of a bail bond, the surety may surrender the...
- § 15A-541 Persons prohibited from becoming surety
(a) No sheriff, deputy sheriff, other law‑enforcement officer, judicial official, attorney, parole officer, probation officer, jailer, assistant jailer, employee of the General Court of Justice,...
- § 15A-542 False qualification by surety
(a) No person may sign an appearance bond as surety knowing or having reason to know that he does not own sufficient property over and...
- § 15A-543 Penalties for failure to appear
(a) In addition to forfeiture imposed under Part 2 of this Article, any person released pursuant to this Article who willfully fails to appear before...
- § 15A-544 Repealed by Session Laws 2000-133, s. 4
- § 15A-544.1 Forfeiture jurisdiction
By executing a bail bond the defendant and each surety submit to the jurisdiction of the court and irrevocably consent to be bound by any...
- § 15A-544.2 Identifying information on bond
(a) The following information shall be entered on each bail bond executed under Part 1 of this Article: (1) The name and mailing address of...
- § 15A-544.3 Entry of forfeiture
(a) If a defendant who was released under Part 1 of this Article upon execution of a bail bond fails on any occasion to appear...
- § 15A-544.4 Notice of forfeiture
(a) The court shall give notice of the entry of forfeiture by mailing a copy of the forfeiture to the defendant and to each surety...
- § 15A-544.5 Setting aside forfeiture
(a) Relief Exclusive. There shall be no relief from a forfeiture except as provided in this section. The reasons for relief are those specified in...
- § 15A-544.6 Final judgment of forfeiture
A forfeiture entered under G.S. 15A‑544.3 becomes a final judgment of forfeiture without further action by the court and may be enforced under G.S. 15A‑544.7,...
- § 15A-544.7 Docketing and enforcement of final judgment of forfeiture
(a) Final Judgment Docketed As Civil Judgment. When a forfeiture has become a final judgment under this Part, the clerk of superior court, under G.S....
- § 15A-544.8 Relief from final judgment of forfeiture
(a) Relief Exclusive. There is no relief from a final judgment of forfeiture except as provided in this section. (b) Reasons. The court may grant...
- § 15A-545 Reserved for future codification purposes
- § 15A-546 Contempt
Nothing in this Article is intended to interfere with or prevent the exercise by the court of its contempt powers. (1973, c. 1286, s. 1.)
- § 15A-547 Right to habeas corpus
Nothing in this Article is intended to abridge the right of habeas corpus. (1973, c. 1286, s. 1.)
- § 15A-547.1 Remit bail bond if defendant sentenced to community or intermediate punishment
If a defendant is convicted and sentenced to community punishment or intermediate punishment and no appeal is pending, then the court shall remit the bail...
- § 15A-547.2 through 15A-547.6 Reserved for future codification purposes
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.
- § 15A-641 Indictment and related instruments; definitions of indictment, information, and presentment
(a) Any indictment is a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or...
- § 15A-642 Prosecutions originating in superior court to be upon indictment or information; waiver of indictment
(a) Prosecutions originating in the superior court must be upon pleadings as provided in Article 49 of this Chapter, Pleadings and Joinder. (b) Indictment may...
- § 15A-643 Joinder of offenses and defendants and consolidation of indictments and informations
The rules with respect to joinder of offenses and defendants and the consolidation of charges in indictments and informations are provided in Article 49 of...
- § 15A-644 Form and content of indictment, information or presentment
(a) An indictment must contain: (1) The name of the superior court in which it is filed; (2) The title of the action; (3) Criminal...
- § 15A-644.1 Filing of information when plea of guilty or no contest in district court to Class H or I felony
A defendant who pleads guilty or no contest in district court pursuant to G.S. 7A‑272(c)(1) shall enter that plea to an information complying with G.S....
- § 15A-645 Allegations of previous convictions
Trial upon indictments and informations involving allegation of previous convictions is subject to the provisions of G.S. 15A‑928. (1973, c. 1286, s. 1.)
- § 15A-646 Superseding indictments and informations
If at any time before entry of a plea of guilty to an indictment or information, or commencement of a trial thereof, another indictment or...
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.
- § 15A-721 Definitions
Where appearing in this Article the term "Governor" includes any person performing the functions of Governor by authority of the law of this State. The...
- § 15A-722 Duty of Governor as to fugitives from justice of other states
Subject to the provisions of this Article, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted...
- § 15A-723 Form of demand for extradition
No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except...
- § 15A-724 Governor may cause investigation to be made
When a demand shall be made upon the Governor of this State by the executive authority of another state for the surrender of a person...
- § 15A-725 Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or...
- § 15A-726 Extradition of persons not present in demanding state at time of commission of crime
The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State charged in...
- § 15A-727 Issue of Governor's warrant of arrest; its recitals
If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the State...
- § 15A-728 Manner and place of execution of warrant
Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where he...
- § 15A-729 Authority of arresting officer
Every such peace officer or other person empowered to make the arrest shall have the same authority, in arresting the accused, to command assistance therein...
- § 15A-730 Rights of accused person; application for writ of habeas corpus
No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him...
- § 15A-731 Penalty for noncompliance with § 15A-730
Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in willful...
- § 15A-732 Confinement in jail when necessary
The officer or person executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered,...
- § 15A-733 Arrest prior to requisition
Whenever any person within this State shall be charged on the oath of any credible person before any judge or magistrate of this State with...
- § 15A-734 Arrest without a warrant
The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant, upon reasonable information that...
- § 15A-735 Commitment to await requisition; bail
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged...
- § 15A-736 Bail in certain cases; conditions of bond
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of...
- § 15A-736.1 Recodified as G.S. 15A-534.6 by Session Laws 2007-484, s. 4, effective August 30, 2007
- § 15A-737 Extension of time of commitment; adjournment
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge...
- § 15A-738 Forfeiture of bail
If the prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate...
- § 15A-739 Persons under criminal prosecution in this State at time of requisition
If a criminal prosecution has been instituted against such person under the laws of this State and is still pending, the Governor, in his discretion,...
- § 15A-740 Guilt or innocence of accused, when inquired into
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or...
- § 15A-741 Governor may recall warrant or issue alias
The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. (1937, c. 273, s. 21; 1973, c. 1286,...
- § 15A-742 Fugitives from this State; duty of governors
Whenever the Governor of this State shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his...
- § 15A-743 Application for issuance of requisition; by whom made; contents
(a) When the return to this State of a person charged with crime in this State is required, the prosecuting attorney shall present to the...
- § 15A-744 Costs and expenses
Subject to the requirements and restrictions set forth in this section, if the crime is a felony or if a person convicted in this State...
- § 15A-745 Immunity from service of process in certain civil actions
A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal...
- § 15A-746 Written waiver of extradition proceedings
Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the...
- § 15A-747 Nonwaiver by this State
Nothing in this Article contained shall be deemed to constitute a waiver by this State of its right, power or privilege to try such demanded...
- § 15A-748 No right of asylum; no immunity from other criminal prosecution while in this State
After a person has been brought back to this State by, or after waiver of, extradition proceedings, he may be tried in this State for...
- § 15A-749 Interpretation
The provisions of this Article shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states...
- § 15A-750 Short title
This Article may be cited as the Uniform Criminal Extradition Act. (1937, c. 273, s. 30; 1973, c. 1286, s. 16.)
- § 15A-751 through 15A-760 Reserved for future codification purposes
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.
- § 15A-901 Application of Article
This Article applies to cases within the original jurisdiction of the superior court. (1973, c. 1286, s. 1.)
- § 15A-902 Discovery procedure
(a) A party seeking discovery under this Article must, before filing any motion before a judge, request in writing that the other party comply voluntarily...
- § 15A-903 Disclosure of evidence by the State - Information subject to disclosure
(a) Upon motion of the defendant, the court must order the State to: (1) Make available to the defendant the complete files of all law...
- § 15A-904 Disclosure by the State - Certain information not subject to disclosure
(a) The State is not required to disclose written materials drafted by the prosecuting attorney or the prosecuting attorney's legal staff for their own use...
- § 15A-905 Disclosure of evidence by the defendant - Information subject to disclosure
(a) Documents and Tangible Objects. If the court grants any relief sought by the defendant under G.S. 15A‑903, the court must, upon motion of the...
- § 15A-906 Disclosure of evidence by the defendant - Certain evidence not subject to disclosure
Except as provided in G.S. 15A‑905(b) this Article does not authorize the discovery or inspection of reports, memoranda, or other internal defense documents made by...
- § 15A-907 Continuing duty to disclose
If a party, who is required to give or who voluntarily gives discovery pursuant to this Article, discovers prior to or during trial additional evidence...
- § 15A-908 Regulation of discovery - Protective orders
(a) Upon written motion of a party and a finding of good cause, which may include, but is not limited to a finding that there...
- § 15A-909 Regulation of discovery - Time, place, and manner of discovery and inspection
An order of the court granting relief under this Article must specify the time, place, and manner of making the discovery and inspection permitted and...
- § 15A-910 Regulation of discovery - Failure to comply
(a) If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or...
- § 15A-911 through 15A-920 Reserved for future codification purposes
Article 49 - Pleadings and Joinder.
Article 50 - Voluntary Dismissal.
Article 51 - Arraignment.
Article 52 - Motions Practice.
- § 15A-951 Motions in general; definition, service, and filing
(a) A motion must: (1) Unless made during a hearing or trial, be in writing; (2) State the grounds of the motion; and (3) Set...
- § 15A-952 Pretrial motions; time for filing; sanction for failure to file; motion hearing date
(a) Any defense, objection, or request which is capable of being determined without the trial of the general issue may be raised before trial by...
- § 15A-953 Motions practice in district court
In misdemeanor prosecutions in the district court motions should ordinarily be made upon arraignment or during the course of trial, as appropriate. A written motion...
- § 15A-954 Motion to dismiss – Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged...
- § 15A-955 Motion to dismiss – Grounds applicable to indictments
The court on motion of the defendant may dismiss an indictment if it determines that: (1) There is ground for a challenge to the array,...
- § 15A-956 Deferral of ruling on motion to dismiss when charge to be reinstituted
If a motion to dismiss is made at arraignment or trial, upon motion of the prosecutor the court may recess the proceedings for a period...
- § 15A-957 Motion for change of venue
If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice...
- § 15A-958 Motion for a special venire from another county
Upon motion of the defendant or the State, or on its own motion, a court may issue an order for a special venire of jurors...
- § 15A-959 Notice of defense of insanity; pretrial determination of insanity
(a) If a defendant intends to raise the defense of insanity, the defendant must file a notice of the defendant's intention to rely on the...
- § 15A-960 through 15A-970 Reserved for future codification purposes
Article 53 - Motion to Suppress Evidence.
Article 54 - Reserved
Article 55 - Reserved
Article 56 - Incapacity to Proceed.
- § 15A-1001 No proceedings when defendant mentally incapacitated; exception
(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to...
- § 15A-1002 Determination of incapacity to proceed; evidence; temporary commitment; temporary orders
(a) The question of the capacity of the defendant to proceed may be raised at any time on motion by the prosecutor, the defendant, the...
- § 15A-1003 Referral of incapable defendant for civil commitment proceedings
(a) When a defendant is found to be incapable of proceeding, the presiding judge, upon such additional hearing, if any, as he determines to be...
- § 15A-1004 Orders for safeguarding of defendant and return for trial
(a) When a defendant is found to be incapable of proceeding, the trial court must make appropriate orders to safeguard the defendant and to ensure...
- § 15A-1005 Reporting to court with regard to defendants incapable of proceeding
The clerk of the court in which the criminal proceeding is pending must keep a docket of defendants who have been determined to be incapable...
- § 15A-1006 Return of defendant for trial upon gaining capacity
If a defendant who has been determined to be incapable of proceeding, and who is in the custody of an institution or an individual, gains...
- § 15A-1007 Supplemental hearings
(a) When it has been reported to the court that a defendant has gained capacity to proceed, or when the defendant has been determined by...
- § 15A-1008 Dismissal of charges
When a defendant lacks capacity to proceed, the court may dismiss the charges: (1) When it appears to the satisfaction of the court that the...
- § 15A-1009 Dismissal with leave when defendant is found incapable of proceeding
(a) If a defendant is found by the court to be incapable of proceeding and the charges have not been dismissed pursuant to G.S. 15A‑1008,...
- § 15A-1010 Reserved for future codification purposes
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.
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.
- § 15A-1211 Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors
(a) The provisions of Chapter 9 of the General Statutes, Jurors, pertinent to criminal cases apply except when this Chapter specifically provides a different procedure....
- § 15A-1212 Grounds for challenge for cause
A challenge for cause to an individual juror may be made by any party on the ground that the juror: (1) Does not have the...
- § 15A-1213 Informing prospective jurors of case
Prior to selection of jurors, the judge must identify the parties and their counsel and briefly inform the prospective jurors, as to each defendant, of...
- § 15A-1214 Selection of jurors; procedure
(a) The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection which precludes advance...
- § 15A-1215 Alternate jurors
(a) The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury with equal...
- § 15A-1216 Impaneling jury
After all jurors, including alternate jurors, have been selected, the clerk impanels the jury by instructing them as follows: "Members of the jury, you have...
- § 15A-1217 Number of peremptory challenges
(a) Capital cases. (1) Each defendant is allowed 14 challenges. (2) The State is allowed 14 challenges for each defendant. (b) Noncapital cases. (1) Each...
- § 15A-1218 through 15A-1220 Reserved for future codification purposes
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.
- § 15A-1331 Authorized sentences; conviction
(a) The criminal judgment entered against a person in either district or superior court shall be consistent with the provisions of Article 81B of this...
- § 15A-1331A Forfeiture of licensing privileges after conviction of a felony
(a) The following definitions apply in this section: (1) Licensing agency. Any department, division, agency, officer, board, or other unit of State or local government...
- § 15A-1332 Presentence reports
(a) Presentence Reports Generally. To obtain a presentence report, the court may order either a presentence investigation as provided in subsection (b) or a presentence...
- § 15A-1333 Availability of presentence report
(a) Presentence Reports and Sentencing Services Information Not Public Records. A written presentence report, the record of an oral presentence report, and information obtained in...
- § 15A-1334 The sentencing hearing
(a) Time of Hearing. Unless the defendant waives the hearing, the court must hold a hearing on the sentence. Either the defendant or the State...
- § 15A-1335 Resentencing after appellate review
When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, the court may not impose a...
- § 15A-1336 Compliance with criminal case firearm notification requirements of the federal Violence Against Women Act
The Administrative Office of the Courts, in cooperation with the North Carolina Coalition Against Domestic Violence and the North Carolina Governor's Crime Commission, shall develop...
- § 15A-1337 Reserved for future codification purposes
- § 15A-1338 Reserved for future codification purposes
- § 15A-1339 Reserved for future codification purposes
- § 15A-1340 Reserved for future codification purposes
Article 81A - Sentencing Persons Convicted of Felonies.
Article 81B - Structured Sentencing of Persons Convicted of Crimes.
- § 15A-1340.10 Applicability of structured sentencing
This Article applies to criminal offenses in North Carolina, other than impaired driving under G.S. 20‑138.1 and failure to comply with control measures under G.S....
- § 15A-1340.11 Definitions
The following definitions apply in this Article: (1) Active punishment. A sentence in a criminal case that requires an offender to serve a sentence of...
- § 15A-1340.12 Purposes of sentencing
The primary purposes of sentencing a person convicted of a crime are to impose a punishment commensurate with the injury the offense has caused, taking...
- § 15A-1340.13 Procedure and incidents of sentence of imprisonment for felonies
(a) Application to Felonies Only. This Part applies to sentences imposed for felony convictions. (b) Procedure Generally; Requirements of Judgment; Kinds of Sentences. Before imposing...
- § 15A-1340.14 Prior record level for felony sentencing
(a) Generally. The prior record level of a felony offender is determined by calculating the sum of the points assigned to each of the offender's...
- § 15A-1340.15 Multiple convictions
(a) Consecutive Sentences. This Article does not prohibit the imposition of consecutive sentences. Unless otherwise specified by the court, all sentences of imprisonment run concurrently...
- § 15A-1340.16 Aggravated and mitigated sentences
(a) Generally, Burden of Proof. The court shall consider evidence of aggravating or mitigating factors present in the offense that make an aggravated or mitigated...
- § 15A-1340.16A Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony and the defendant used, displayed, or threatened to use or display a firearm during the commission of the felony
(a), (b) Repealed by Session Laws 2003‑378, s. 2, effective August 1, 2003. (c) If a person is convicted of a Class A, B1, B2,...
- § 15A-1340.16B Life imprisonment without parole for a second or subsequent conviction of a Class B1 felony if the victim was 13 years of age or younger and there are no mitigating factors
(a) If a person is convicted of a Class B1 felony and it is found as provided in this section that: (i) the person committed...
- § 15A-1340.16C Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony
(a) If a person is convicted of a felony and it is found as provided in this section that the person wore or had in...
- § 15A-1340.17 Punishment limits for each class of offense and prior record level
(a) Offense Classification; Default Classifications. The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is...
- § 15A-1340.18 Reserved for future codification purposes
- § 15A-1340.19 Reserved for future codification purposes
- § 15A-1340.20 Procedure and incidents of sentence of imprisonment for misdemeanors
(a) Application to Misdemeanors Only. This Part applies to sentences imposed for misdemeanor convictions. (b) Procedure Generally; Term of Imprisonment. A sentence imposed for a...
- § 15A-1340.21 Prior conviction level for misdemeanor sentencing
(a) Generally. The prior conviction level of a misdemeanor offender is determined by calculating the number of the offender's prior convictions that the court finds...
- § 15A-1340.22 Multiple convictions
(a) Limits on Consecutive Sentences. If the court elects to impose consecutive sentences for two or more misdemeanors and the most serious misdemeanor is classified...
- § 15A-1340.23 Punishment limits for each class of offense and prior conviction level
(a) Offense Classification; Default Classifications. The offense classification is as specified in the offense for which the sentence is being imposed. If the offense is...
- § 15A-1340.24 through 15A-1340.33 Reserved for future codification purposes
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.
- § 15A-1341 Probation generally
(a) Use of Probation. Unless specifically prohibited, a person who has been convicted of any criminal offense may be placed on probation as provided by...
- § 15A-1342 Incidents of probation
(a) Period. The court may place a convicted offender on probation for the appropriate period as specified in G.S. 15A‑1343.2(d), not to exceed a maximum...
- § 15A-1343 Conditions of probation
(a) In General. The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a law‑abiding life or to assist...
- § 15A-1343.1 Repealed by Session Laws 2002-126, s. 17.18, effective August 15, 2002
- § 15A-1343.2 Special probation rules for persons sentenced under Article 81B
(a) Applicability. This section applies only to persons sentenced under Article 81B of this Chapter. (b) Purposes of Probation for Community and Intermediate Punishments. The...
- § 15A-1343.3 Department of Corrections to establish regulations for continuous alcohol monitoring systems
The Department of Correction shall establish regulations for continuous alcohol monitoring systems that are authorized for use by the courts as evidence that an offender...
- § 15A-1344 Response to violations; alteration and revocation
(a) Authority to Alter or Revoke. Except as provided in subsection (b), probation may be reduced, terminated, continued, extended, modified, or revoked by any judge...
- § 15A-1344.1 Procedure to insure payment of child support
(a) When the court requires, as a condition of supervised or unsupervised probation, that a defendant support his children, the court may order at any...
- § 15A-1345 Arrest and hearing on probation violation
(a) Arrest for Violation of Probation. A probationer is subject to arrest for violation of conditions of probation by a law‑enforcement officer or probation officer...
- § 15A-1346 Commencement of probation; multiple sentence
(a) Commencement of Probation. Except as provided in subsection (b), a period of probation commences on the day it is imposed and runs concurrently with...
- § 15A-1347 Appeal from revocation of probation or imposition of special probation upon violation
When a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, the defendant...
- § 15A-1348 through 15A-1350 Reserved for future codification purposes
Article 83 - Imprisonment.
Article 84 - Fines.
Article 84A - Post-Release Supervision.
Article 85 - Parole.
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.
- § 15A-1441 Correction of errors by appellate division
Errors of law may be corrected upon appellate review as provided in this Article, except that review of capital cases shall be given priority on...
- § 15A-1442 Grounds for correction of error by appellate division
The following constitute grounds for correction of errors by the appellate division. (1) Lack of Jurisdiction. a. The trial court lacked jurisdiction over the offense....
- § 15A-1443 Existence and showing of prejudice
(a) A defendant is prejudiced by errors relating to rights arising other than under the Constitution of the United States when there is a reasonable...
- § 15A-1444 When defendant may appeal; certiorari
(a) A defendant who has entered a plea of not guilty to a criminal charge, and who has been found guilty of a crime, is...
- § 15A-1445 Appeal by the State
(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the appellate division: (1) When there...
- § 15A-1446 Requisites for preserving the right to appellate review
(a) Except as provided in subsection (d), error may not be asserted upon appellate review unless the error has been brought to the attention of...
- § 15A-1447 Relief available upon appeal
(a) If the appellate court finds that there has been reversible error which denied the defendant a fair trial conducted in accordance with law, it...
- § 15A-1448 Procedures for taking appeal
(a) Time for Entry of Appeal; Jurisdiction over the Case. (1) A case remains open for the taking of an appeal to the appellate division...
- § 15A-1449 Security for costs not required
In criminal cases no security for costs is required upon appeal to the appellate division. (1977, c. 711, s. 1.)
- § 15A-1450 Withdrawal of appeal
An appeal may be withdrawn by filing with the clerk of superior court a written notice of the withdrawal, signed by the defendant and, if...
- § 15A-1451 Stay of sentence; bail; no stay when State appeals
(a) When a defendant has given notice of appeal: (1) Payment of costs is stayed. (2) Payment of a fine is stayed. (3) Confinement is...
- § 15A-1452 Execution of sentence upon determination of appeal; compliance with directive of appellate court
(a) If an appeal is withdrawn, the clerk of superior court must enter an order reflecting that fact and directing compliance with the judgment. (b)...
- § 15A-1453 Ancillary actions during appeal
(a) While an appeal is pending in the appellate division, the court in which the defendant was convicted has continuing authority to act with regard...
- § 15A-1454 Reserved for future codification purposes
- § 15A-1455 Reserved for future codification purposes
- § 15A-1456 Reserved for future codification purposes
- § 15A-1457 Reserved for future codification purposes
- § 15A-1458 Reserved for future codification purposes
- § 15A-1459 Reserved for future codification purposes
Article 92 - North Carolina Innocence Inquiry Commission.
- § 15A-1460 Definitions
The following definitions apply in this Article: (1) "Claim of factual innocence" means a claim on behalf of a living person convicted of a felony...
- § 15A-1461 Purpose of Article
This Article establishes an extraordinary procedure to investigate and determine credible claims of factual innocence that shall require an individual to voluntarily waive rights and...
- § 15A-1462 Commission established
(a) There is established the North Carolina Innocence Inquiry Commission. The North Carolina Innocence Inquiry Commission shall be an independent commission under the Judicial Department...
- § 15A-1463 Membership; chair; meetings; quorum
(a) The Commission shall consist of eight voting members as follows: (1) One shall be a superior court judge. (2) One shall be a prosecuting...
- § 15A-1464 Terms of members; compensation; expenses
(a) Of the initial members, two appointments shall be for one‑year terms, three appointments shall be for two‑year terms, and three appointments shall be for...
- § 15A-1465 Director and other staff
(a) The Commission shall employ a Director. The Director shall be an attorney licensed to practice in North Carolina at the time of appointment and...
- § 15A-1466 Duties
The Commission shall have the following duties and powers: (1) To establish the criteria and screening process to be used to determine which cases shall...
- § 15A-1467 Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim
(a) A claim of factual innocence may be referred to the Commission by any court, person, or agency. The Commission shall not consider a claim...
- § 15A-1468 Commission proceedings
(a) At the completion of a formal inquiry, all relevant evidence shall be presented to the full Commission. As part of its proceedings, the Commission...
- § 15A-1469 Postcommission three-judge panel
(a) If the Commission concludes there is sufficient evidence of factual innocence to merit judicial review, the Chair of the Commission shall request the Chief...
- § 15A-1470 No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief
(a) Unless otherwise authorized by this Article, the decisions of the Commission and of the three‑judge panel are final and are not subject to further...
- § 15A-1471 Reserved for future codification purposes
- § 15A-1472 Reserved for future codification purposes
- § 15A-1473 Reserved for future codification purposes
- § 15A-1474 Reserved for future codification purposes
- § 15A-1475 Reports
Beginning January 1, 2008, and annually thereafter, the North Carolina Innocence Inquiry Commission shall report on its activities to the Joint Legislative Corrections, Crime Control,...
Article 93-99 - Reserved
Article 100 - Capital Punishment.
- § 15A-2000 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence
(a) Separate Proceedings on Issue of Penalty. (1) Except as provided in G.S. 15A‑2004, upon conviction or adjudication of guilt of a defendant of a...
- § 15A-2001 Capital offenses; plea of guilty
(a) Any defendant who has been indicted for an offense punishable by death may enter a plea of guilty at any time after the indictment....
- § 15A-2002 Capital offenses; jury verdict and sentence
If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with...
- § 15A-2003 Disability of trial judge
In the event that the trial judge shall become disabled or unable to conduct the sentencing proceeding provided in this Article, the Chief Justice shall...
- § 15A-2004 Prosecutorial discretion
(a) The State, in its discretion, may elect to try a defendant capitally or noncapitally for first degree murder, even if evidence of an aggravating...
- § 15A-2005 Mentally retarded defendants; death sentence prohibited
(a) (1) The following definitions apply in this section: a. Mentally retarded. Significantly subaverage general intellectual functioning, existing concurrently with significant limitations in adaptive functioning,...
- § 15A-2006 Expired pursuant to Session Laws 2001-346, s. 3, effective October 1, 2002
