North Carolina General Statutes Chapter 15A Criminal Procedure Act

Article 1 - Definitions and General Provisions.

N.C. Gen. Stat. § 15A-1 through 15A-100. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-101. Definitions
Unless the context clearly requires otherwise, the following words have the listed meanings: (1) Appeal. - When used in a general context, the term...
N.C. Gen. Stat. § 15A-101.1. Electronic technology in criminal process and procedure
As used in this Chapter, in Chapter 7A of the General Statutes, in Chapter 15 of the General Statutes, and in all other provisions...

Article 2 - Jurisdiction.

N.C. Gen. Stat. § 15A-102 through 15A-130. Reserved for future codification purposes

Article 3 - Venue.

N.C. Gen. Stat. § 15A-131. Venue generally
(a) Venue for pretrial and trial proceedings in district court of cases within the original jurisdiction of the district court lies in the county...
N.C. Gen. Stat. § 15A-132. Concurrent venue
(a) If acts or omissions constituting part of the commission of the charged offense occurred in more than one county, each county has concurrent...
N.C. Gen. Stat. § 15A-133. Waiver of venue; motion for change of venue; indictment may be returned in other county
(a) A waiver of venue must be in writing and signed by the defendant and the prosecutor indicating the consent of all parties to...
N.C. Gen. Stat. § 15A-134. Offense occurring in part outside North Carolina
If a charged offense occurred in part in North Carolina and in part outside North Carolina, a person charged with that offense may be...
N.C. Gen. Stat. § 15A-135. Allegation of venue conclusive in absence of timely motion
Allegations of venue in any criminal pleading become conclusive in the absence of a timely motion to dismiss for improper venue under G.S. 15A-952....
N.C. Gen. Stat. § 15A-136. Venue for sexual offenses
If a person is transported by any means, with the intent to violate any of the provisions of Article 7A of Chapter 14 (...
N.C. Gen. Stat. § 15A-137 through 15A-140. Reserved for future codification purposes

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

N.C. Gen. Stat. § 15A-141. When entry of attorney in criminal proceeding occurs
An attorney enters a criminal proceeding when he: (1) Files a written notice of entry with the clerk indicating an intent to represent a...
N.C. Gen. Stat. § 15A-142. Requirement that clerk record entry
The clerk must note each entry by an attorney in the records of the proceeding. (1973, c. 1286, s. 1.)
N.C. Gen. Stat. § 15A-143. Attorney making general entry obligated to represent defendant at all subsequent stages
An attorney who enters a criminal proceeding without limiting the extent of his representation pursuant to G.S. 15A-141(3) undertakes to represent the defendant for...
N.C. Gen. Stat. § 15A-144. Withdrawal of attorney with permission of court
The court may allow an attorney to withdraw from a criminal proceeding upon a showing of good cause. (1973, c. 1286, s. 1.)

Article 5 - Expunction of Records.

N.C. Gen. Stat. § 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors
(a) Whenever any person who has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of...
N.C. Gen. Stat. § 15A-145.1. Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses
(a) Whenever any person who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of...
N.C. Gen. Stat. § 15A-145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses
(a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 90-96(a) or (a1), and the person was not...
N.C. Gen. Stat. § 15A-145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses
(a) Whenever a person is discharged and the proceedings against the person dismissed under G.S. 90-113.14(a) or (a1), such person, if he or she...
N.C. Gen. Stat. § 15A-145.4. Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony
(a) For purposes of this section, the term "nonviolent felony" means any felony except the following: (1) A Class A through G felony. (2)...
N.C. Gen. Stat. § 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation
(a) For purposes of this section, the term "nonviolent misdemeanor" or "nonviolent felony" means any misdemeanor or felony except the following: (1) A Class...
N.C. Gen. Stat. § 15A-145.6. Expunctions for certain defendants convicted of prostitution
(a) The following definitions apply in this section: (1) Prostitution offense. - A conviction for (i) violation of G.S. 14-204 or (ii) engaging in...
N.C. Gen. Stat. § 15A-146. Expunction of records when charges are dismissed or there are findings of not guilty
(a) If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B-302(i)...
N.C. Gen. Stat. § 15A-147. Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft
(a) If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result...
N.C. Gen. Stat. § 15A-148. Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted
(a) Upon a motion by the defendant following the issuance of a final order by an appellate court reversing and dismissing a conviction of...
N.C. Gen. Stat. § 15A-149. Expunction of records when pardon of innocence is granted
(a) If any person is convicted of a crime and receives a pardon of innocence, the person may apply by petition or written motion...
N.C. Gen. Stat. § 15A-150. Notification requirements
(a) Notification to AOC. - The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term...
N.C. Gen. Stat. § 15A-151. Confidential agency files; exceptions to expunction
(a) The Administrative Office of the Courts shall maintain a confidential file containing the names of those people for whom it received a notice...
N.C. Gen. Stat. § 15A-152. Civil liability for dissemination of certain criminal history information
(a) Duty to Delete Record. - A private entity that holds itself out as being in the business of compiling and disseminating criminal history...
N.C. Gen. Stat. § 15A-153. Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments
(a) Purpose. - The purpose of this section is to clear the public record of any entry of any arrest, criminal charge, or criminal...
N.C. Gen. Stat. § 15A-154. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-155. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-156. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-157. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-158. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-159. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-160. Reporting requirement
The Department of Justice and the Administrative Office of the Courts shall report jointly to the Chairs of the Joint Legislative Oversight Committee on...
N.C. Gen. Stat. § 15A-161. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-162. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-163. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-164. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-165. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-166. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-167. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-168. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-169. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-170. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-171. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-172. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-173. Reserved for future codification purposes

Article 6 - Certificate of Relief.

N.C. Gen. Stat. § 15A-173.1. Definitions
The following definitions apply in this Article: (1) Collateral consequence. - A collateral sanction or a disqualification. (2) Collateral sanction. - A penalty, disability,...
N.C. Gen. Stat. § 15A-173.2. Certificate of Relief
(a) An individual who is convicted of no more than two Class G, H, or I felonies or misdemeanors in one session of court,...
N.C. Gen. Stat. § 15A-173.3. Collateral sanctions not subject to order of limited relief or Certificate of Relief
A Certificate of Relief shall not be issued to relieve any of the following collateral sanctions: (1) Requirements imposed by, and any statutory requirements...
N.C. Gen. Stat. § 15A-173.4. Issuance, modification, and revocation of Certificate of Relief
(a) When a petition is filed under G.S. 15A-173.2, including a petition for enlargement of an existing Certificate of Relief, the court shall notify...
N.C. Gen. Stat. § 15A-173.5. Reliance on order or Certificate of Relief as evidence of due care
In a judicial or administrative proceeding alleging negligence, a Certificate of Relief is a bar to any action alleging lack of due care in...
N.C. Gen. Stat. § 15A-173.6. Victim's rights
The victim of the underlying offense for which a Certificate of Relief is sought may appear and be heard, or may file a statement...
N.C. Gen. Stat. § 15A-174. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-175. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-176. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-177. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-178. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-179. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-180. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-181. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-182. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-183. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-184. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-185. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-186. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-187. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-188. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-189. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-190. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-191. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-192. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-193. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-194. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-195. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-196. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-197. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-198. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-199. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-200. Reserved for future codification purposes

Article 7 - Reserved

N.C. Gen. Stat. § 15A-201 through 15A-210. Reserved for future codification purposes

Article 8 - Electronic Recording of Interrogations.

N.C. Gen. Stat. § 15A-211. Electronic recording of interrogations
(a) Purpose. - The purpose of this Article is to require the creation of an electronic record of an entire custodial interrogation in order...
N.C. Gen. Stat. § 15A-212. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-213. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-214. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-215. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-216. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-217. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-218. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-219. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-220. Reserved for future codification purposes

Article 9 - Search and Seizure by Consent.

N.C. Gen. Stat. § 15A-221. General authorization; definition of "consent"
(a) Authority to Search and Seize Pursuant to Consent. - Subject to the limitations in the other provisions of this Article, a law-enforcement officer...
N.C. Gen. Stat. § 15A-222. Person from whom effective consent may be obtained
The consent needed to justify a search and seizure under G.S. 15A-221 must be given: (1) By the person to be searched; (2) By...
N.C. Gen. Stat. § 15A-223. Permissible scope of consent search and seizure
(a) Search Limited by Scope of Consent. - A search conducted pursuant to the provisions of this Article may not exceed, in duration or...
N.C. Gen. Stat. § 15A-224 through 15A-230. Reserved for future codification purposes

Article 10 - Other Searches and Seizures.

N.C. Gen. Stat. § 15A-231. Other searches and seizures
Constitutionally permissible searches and seizures which are not regulated by the General Statutes of North Carolina are not prohibited. (1973, c. 1286, s. 1.)
N.C. Gen. Stat. § 15A-232 through 15A-240. Reserved for future codification purposes

Article 11 - Search Warrants.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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;...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-250. Reserved for future codification purposes
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 12 - Pen Registers; Trap and Trace Devices.

N.C. Gen. Stat. § 15A-260. Definitions
As used in this Article: (1) "Electronic communication," "electronic communication service," and "wire communication" shall have the meaning as set forth in Section 2510...
N.C. Gen. Stat. § 15A-261. Prohibition and exceptions
(a) In General. - Except as provided in subsection (b) of this section, no person may install or use a pen register or a...
N.C. Gen. Stat. § 15A-262. Application for order for pen register or trap and trace device
(a) Application. - A law enforcement officer may make an application for an order or an extension of an order under G.S. 15A-263 authorizing...
N.C. Gen. Stat. § 15A-263. Issuance of order for pen register or trap and trace device
(a) In General. - Following application made under G.S. 15A-262, a superior court judge may enter an ex parte order authorizing the installation and...
N.C. Gen. Stat. § 15A-264. Assistance in installation and use of a pen register or a trap and trace device
(a) Pen Registers. - Upon the request of a law enforcement officer authorized to install and use a pen register under this Article, a...
N.C. Gen. Stat. § 15A-265. Reserved for future codification purposes

Article 13 - DNA Database and Databank.

N.C. Gen. Stat. § 15A-266. Short title
This Article may be cited as the DNA Database and Databank Act of 1993. (1993, c. 401, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 15A-266.3. Establishment of State DNA database and databank
There is established under the administration of the Crime Laboratory, the State DNA Database and State DNA Databank. The Crime Laboratory shall provide DNA...
N.C. Gen. Stat. § 15A-266.3A. DNA sample required for DNA analysis upon arrest for certain offenses
(a) Unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, and that...
N.C. Gen. Stat. § 15A-266.4. DNA 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 a record stored in the State DNA Database, and that record...
N.C. Gen. Stat. § 15A-266.5. Tests to be performed on DNA sample
(a) The tests to be performed on each DNA sample are: (1) To analyze and type only the genetic markers that are used for...
N.C. Gen. Stat. § 15A-266.6. Procedures for obtaining DNA sample for analysis; refusal to provide sample
(a) Each DNA sample provided pursuant to G.S. 15A-266.4 from persons who are incarcerated shall be obtained at the place of incarceration. DNA samples...
N.C. Gen. Stat. § 15A-266.7. Procedures for conducting DNA analysis of DNA sample
(a) The Crime Laboratory shall: (1) Adopt procedures to be used in the collection, security, submission, identification, analysis, and storage of DNA samples and...
N.C. Gen. Stat. § 15A-266.8. DNA database exchange
(a) It shall be the duty of the Crime Laboratory to receive DNA samples, to store, to analyze or to contract out the DNA...
N.C. Gen. Stat. § 15A-266.9. Cancellation of authority to exchange DNA records
The Crime Laboratory is authorized to revoke the right of a forensic DNA laboratory within the State to exchange DNA identification records with federal,...
N.C. Gen. Stat. § 15A-266.10. Repealed by Session Laws 2001-282, s. 3
N.C. Gen. Stat. § 15A-266.11. Unauthorized uses of DNA Databank; penalties
(a) Any person who has possession of, or access to, individually identifiable DNA information contained in the State DNA Database or Databank and who...
N.C. Gen. Stat. § 15A-266.12. Confidentiality of records
(a) All DNA profiles and samples submitted to the Crime Laboratory pursuant to this Article shall be treated as confidential and shall not be...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-268. Preservation of biological evidence
(a) As used in this section, the term "biological evidence" includes the contents of a sexual assault examination kit or any item that contains...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-270.1. 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. The court shall...

Article 14 - Nontestimonial Identification.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 14A - Eyewitness Identification Reform Act.

N.C. Gen. Stat. § 15A-284.50. Short title
This Article shall be called the "Eyewitness Identification Reform Act." (2007-421, s. 1.)
N.C. Gen. Stat. § 15A-284.51. Purpose
The purpose of this Article is to help solve crime, convict the guilty, and exonerate the innocent in criminal proceedings by improving procedures for...
N.C. Gen. Stat. § 15A-284.52. Eyewitness identification reform
(a) Definitions. - The following definitions apply in this Article: (1) Eyewitness. - A person whose identification by sight of another person may be...
N.C. Gen. Stat. § 15A-284.53. Training of law enforcement officers
Pursuant to its authority under G.S. 17C-6 and G.S. 17E-4, the North Carolina Criminal Justice Education and Training Standards Commission and the North Carolina...

Article 15 - Urgent Necessity.

N.C. Gen. Stat. § 15A-285. Non-law-enforcement actions when urgently necessary
When an officer reasonably believes that doing so is urgently necessary to save life, prevent serious bodily harm, or avert or control public catastrophe,...

Article 16 - Electronic Surveillance.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 16A - Discontinuation of Telecommunications Services.

N.C. Gen. Stat. § 15A-299. Discontinuation of telecommunications services used for unlawful purposes
(a) The legislature finds that some persons use telecommunications services to violate State or federal criminal law. The legislature further finds that some persons...
N.C. Gen. Stat. § 15A-300. Reserved for future codification purposes

Article 17 - Criminal Process.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 18 - Reserved

N.C. Gen. Stat. § 15A-306 through 15A-353. Reserved for future codification purposes

Article 19 - Reserved

N.C. Gen. Stat. § 15A-354 through 15A-400. Reserved for future codification purposes

Article 20 - Arrest.

N.C. Gen. Stat. § 15A-401. Arrest by law-enforcement officer
(a) Arrest by Officer Pursuant to a Warrant. - (1) Warrant in Possession of Officer. - An officer having a warrant for arrest in...
N.C. Gen. Stat. § 15A-402. Territorial jurisdiction of officers to make arrests
(a) Territorial Jurisdiction of State Officers. - Law-enforcement officers of the State of North Carolina may arrest persons at any place within the State....
N.C. Gen. Stat. § 15A-403. Arrest by officers from other states
(a) Any law-enforcement officer of a state contiguous to the State of North Carolina who enters this State in fresh pursuit and continues within...
N.C. Gen. Stat. § 15A-404. Detention of offenders by private persons
(a) No Arrest; Detention Permitted. - No private person may arrest another person except as provided in G.S. 15A-405. A private person may detain...
N.C. Gen. Stat. § 15A-405. Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons
(a) Assistance upon Request; Authority. - Private persons may assist law-enforcement officers in effecting arrests and preventing escapes from custody when requested to do...
N.C. Gen. Stat. § 15A-406. Assistance by federal officers
(a) For purposes of this section, "federal law enforcement officer" means any of the following persons who are employed as full-time law enforcement officers...
N.C. Gen. Stat. § 15A-407 through 15A-409. Reserved for future codification purposes

Article 21 - Reserved

N.C. Gen. Stat. § 15A-410 through 15A-453. Reserved for future codification purposes

Article 22 - Reserved

N.C. Gen. Stat. § 15A-454 through 15A-500. Reserved for future codification purposes

Article 23 - Police Processing and Duties upon Arrest.

N.C. Gen. Stat. § 15A-501. Police processing and duties upon arrest generally
Upon the arrest of a person, with or without a warrant, but not necessarily in the order hereinafter listed, a law-enforcement officer: (1) Must...
N.C. Gen. Stat. § 15A-502. Photographs and fingerprints
(a) A person charged with the commission of a felony or a misdemeanor may be photographed and his fingerprints may be taken for law-enforcement...
N.C. Gen. Stat. § 15A-502.1. DNA sample upon arrest
A DNA sample shall be obtained from any person arrested for an offense designated under G.S. 15A-266.3A, in accordance with the provisions contained in...
N.C. Gen. Stat. § 15A-503. Police assistance to persons arrested while unconscious or semiconscious
(a) Whenever a law-enforcement officer arrests a person who is unconscious, semiconscious, or otherwise apparently suffering from some disabling condition, and who is unable...
N.C. Gen. Stat. § 15A-504. Return of released person
(a) Upon a magistrate's finding under G.S. 15A-511(c)(2) of no probable cause for a warrantless arrest, a law-enforcement officer may return the person previously...
N.C. Gen. Stat. § 15A-505. Notification of parent and school
(a) A law enforcement officer who charges a minor with a criminal offense shall notify the minor's parent or guardian of the charge, as...
N.C. Gen. Stat. § 15A-506 through 15A-510. Reserved for future codification purposes

Article 24 - Initial Appearance.

N.C. Gen. Stat. § 15A-511. Initial appearance
(a) Appearance before Magistrate. - (1) A law-enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary...
N.C. Gen. Stat. § 15A-512 through 15A-520. Reserved for future codification purposes

Article 25 - Commitment.

N.C. Gen. Stat. § 15A-521. Commitment to detention facility pending trial
(a) Commitment. - Every person charged with a crime and held in custody who has not been released pursuant to Article 26 of this...
N.C. Gen. Stat. § 15A-522 through 15A-530. Reserved for future codification purposes

Article 26 - Bail.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-534. Procedure for determining conditions of pretrial release
(a) In determining conditions of pretrial release a judicial official must impose at least one of the following conditions: (1) Release the defendant on...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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 had a nonsexual exposure to the...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-544. Repealed by Session Laws 2000-133, s. 4
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-545. Reserved for future codification purposes
N.C. Gen. Stat. § 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.
N.C. Gen. Stat. § 15A-547. Right to habeas corpus
Nothing in this Article is intended to abridge the right of habeas corpus. (1973, c. 1286, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-547.2 through 15A-547.6. Reserved for future codification purposes

Article 27 - Reserved

N.C. Gen. Stat. § 15A-548 through 15A-574. Reserved for future codification purposes

Article 28 - Reserved

N.C. Gen. Stat. § 15A-575 through 15A-600. Reserved for future codification purposes

Article 29 - First Appearance before District Court Judge.

N.C. Gen. Stat. § 15A-601. First appearance before a district court judge; right in felony and other cases in original jurisdiction of superior court; consolidation of first appearance before magistrate and before district court judge; first appearance before clerk of superior court; use of two-way audio and video transmission
(a) Any defendant charged in a magistrate's order under G.S. 15A-511 or criminal process under Article 17 of this Chapter, Criminal Process, with a...
N.C. Gen. Stat. § 15A-602. Warning of right against self-incrimination
Except when he is accompanied by his counsel, the judge must inform the defendant of his right to remain silent and that anything he...
N.C. Gen. Stat. § 15A-603. Assuring defendant's right to counsel
(a) The judge must determine whether the defendant has retained counsel or, if indigent, has been assigned counsel. (b) If the defendant is not...
N.C. Gen. Stat. § 15A-604. Determination of sufficiency of charge
(a) The judge must examine each criminal process or magistrate's order and determine whether each charge against the defendant charges a criminal offense within...
N.C. Gen. Stat. § 15A-605. Additional proceedings at first appearance before judge
The judge must: (1) Inform the defendant of the charges against him; (2) Determine that the defendant or his counsel has been furnished a...
N.C. Gen. Stat. § 15A-606. Demand or waiver of probable-cause hearing
(a) The judge must schedule a probable-cause hearing unless the defendant waives in writing his right to such hearing. A defendant represented by counsel,...
N.C. Gen. Stat. § 15A-607 through 15A-610. Reserved for future codification purposes

Article 30 - Probable-Cause Hearing.

N.C. Gen. Stat. § 15A-611. Probable-cause hearing procedure
(a) At the probable-cause hearing: (1) A prosecutor must represent the State. (2) The defendant may be represented by counsel. (3) The defendant may...
N.C. Gen. Stat. § 15A-612. Disposition of charge on probable-cause hearing
(a) At the conclusion of a probable-cause hearing the judge must take one of the following actions: (1) If he finds that the defendant...
N.C. Gen. Stat. § 15A-613. Setting offense for trial in district court
If an offense set for trial in the district court under the terms of G.S. 15A-604(b)(4) or any provision of G.S. 15A-612 is a...
N.C. Gen. Stat. § 15A-614. Review of eligibility for pretrial release
Upon binding a defendant in custody over to the superior court for trial or upon entering an order for subsequent calendaring of the case...
N.C. Gen. Stat. § 15A-615. Testing of certain persons for sexually transmitted infections
(a) After a finding of probable cause pursuant to the provisions of Article 30 of Chapter 15A of the General Statutes or indictment for...
N.C. Gen. Stat. § 15A-616 through 15A-620. Reserved for future codification purposes

Article 31 - The Grand Jury and Its Proceedings.

N.C. Gen. Stat. § 15A-621. "Grand jury" defined
A grand jury is a body consisting of not less than 12 nor more than 18 persons, impaneled by a superior court and constituting...
N.C. Gen. Stat. § 15A-622. Formation and organization of grand juries; other preliminary matters
(a) The mode of selecting grand jurors and of drawing and impaneling grand jurors is governed by this Article and Chapter 9 of the...
N.C. Gen. Stat. § 15A-623. Grand jury proceedings and operation in general
(a) The finding of an indictment, the return of a presentment, and every other affirmative official action or decision of the grand jury requires...
N.C. Gen. Stat. § 15A-624. Grand jury the judge of facts; judge the source of legal advice
(a) The grand jury is the exclusive judge of the facts with respect to any matter before it. (b) The legal advisor of the...
N.C. Gen. Stat. § 15A-625. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-626. Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge
(a) Except as provided in this section, no person has a right to call a witness or appear as a witness in a grand...
N.C. Gen. Stat. § 15A-627. Submission of bill of indictment to grand jury by prosecutor
(a) When a defendant has been bound over for trial in the superior court upon any charge in the original jurisdiction of such court,...
N.C. Gen. Stat. § 15A-628. Functions of grand jury; record to be kept by clerk
(a) A grand jury: (1) Must return a bill submitted to it by the prosecutor as a true bill of indictment if it finds...
N.C. Gen. Stat. § 15A-629. Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge
(a) Upon the return of a bill of indictment as not a true bill, the presiding judge must immediately examine the case records to...
N.C. Gen. Stat. § 15A-630. Notice to defendant of true bill of indictment
Upon the return of a bill of indictment as a true bill the presiding judge must immediately cause notice of the indictment to be...
N.C. Gen. Stat. § 15A-631. Grand jury venue
In the General Court of Justice, the place for returning a presentment or indictment is a matter of venue and not jurisdiction. A grand...
N.C. Gen. Stat. § 15A-632 through 15A-640. Reserved for future codification purposes

Article 32 - Indictment and Related Instruments.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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...

Article 33 - Reserved

N.C. Gen. Stat. § 15A-647 through 15A-673. Reserved for future codification purposes

Article 34 - Reserved

N.C. Gen. Stat. § 15A-674 through 15A-700. Reserved for future codification purposes

Article 35 - Speedy Trial.

N.C. Gen. Stat. § 15A-701 through 15A-710. Repealed by Session Laws 1989, c. 688, s. 1

Article 36 - Special Criminal Process for Attendance of Defendants.

N.C. Gen. Stat. § 15A-711. Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed
(a) When a criminal defendant is confined in a penal or other institution under the control of the State or any of its subdivisions...
N.C. Gen. Stat. § 15A-712 through 15A-720. Reserved for future codification purposes

Article 37 - Uniform Criminal Extradition Act.

N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-736.1. Recodified as G.S. 15A-534.6 by Session Laws 2007-484, s. 4, effective August 30, 2007
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 15A-751 through 15A-760. Reserved for future codification purposes

Article 38 - Interstate Agreement on Detainers.

N.C. Gen. Stat. § 15A-761. Agreement on Detainers entered into; form and contents
This Agreement on Detainers is hereby enacted into law and entered into by this State with all other jurisdictions legally joining therein in the...
N.C. Gen. Stat. § 15A-763. Cooperation in enforcement
All courts, departments, agencies, officers and employees of this State and its political subdivisions are hereby directed to enforce the Agreement on Detainers and...
N.C. Gen. Stat. § 15A-764. Escape from temporary custody
Any prisoner released to temporary custody under the provisions of the Agreement on Detainers from a place of imprisonment in North Carolina who shall...
N.C. Gen. Stat. § 15A-765. Authority and duty of official in charge of institution
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this State to...
N.C. Gen. Stat. § 15A-766. Designation of central administrator of and information agent for agreement
The Governor is hereby authorized and empowered to designate the officer who shall serve as central administrator of and information agent for the Agreement...
N.C. Gen. Stat. § 15A-767. Distribution of copies of Article
Copies of this Article shall, upon its approval, be transmitted to the governor of each state, the Attorney General and the Administrator of General...
N.C. Gen. Stat. § 15A-768 through 15A-770. Reserved for future codification purposes

Article 39 - Other Special Process for Attendance of Defendants.

N.C. Gen. Stat. § 15A-771. Securing attendance of defendants confined in federal prisons
(a) A defendant against whom a criminal action is pending in this State, and who is confined in a federal prison or custody either...
N.C. Gen. Stat. § 15A-772. Securing attendance of defendants who are outside the United States
(a) When a criminal action for an offense committed in this State is pending in a criminal court of this State against a defendant...
N.C. Gen. Stat. § 15A-773. Securing attendance of organizations; appearance
(a) The court attendance of an organization for purposes of commencing or prosecuting a criminal action against it may be accomplished by: (1) Issuance...

Article 40 - Reserved

N.C. Gen. Stat. § 15A-774 through 15A-786. Reserved for future codification purposes

Article 41 - Reserved

N.C. Gen. Stat. § 15A-787 through 15A-800. Reserved for future codification purposes

Article 42 - Attendance of Witnesses Generally.

N.C. Gen. Stat. § 15A-801. Subpoena for witness
The presence of a person as a witness in a criminal proceeding may be obtained by subpoena, which must be issued and served in...
N.C. Gen. Stat. § 15A-802. Subpoena for the production of documentary evidence
The production of records, books, papers, documents, or tangible things in a criminal proceeding may be obtained by subpoena which must be issued and...
N.C. Gen. Stat. § 15A-803. Attendance of witnesses
(a) Material Witness Order Authorized. - A judge may issue an order assuring the attendance of a material witness at a criminal proceeding. This...
N.C. Gen. Stat. § 15A-804. Voluntary protective custody
(a) Upon request of a witness, a judge of superior court may determine whether he is a material witness, and may order his protective...
N.C. Gen. Stat. § 15A-805. Securing attendance of witnesses confined in institutions within the State
(a) Upon motion of the State or any defendant, the judge of a court in which a criminal proceeding is pending must, for good...
N.C. Gen. Stat. § 15A-806 through 15A-810. Reserved for future codification purposes

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

N.C. Gen. Stat. § 15A-811. Definitions
The word "state" shall include any territory of the United States and District of Columbia. The word "summons" shall include a subpoena, order or...
N.C. Gen. Stat. § 15A-812. Summoning witness in this State to testify in another state
If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state...
N.C. Gen. Stat. § 15A-813. Witness from another state summoned to testify in this State
If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in...
N.C. Gen. Stat. § 15A-814. Exemption from arrest and service of process
If a person comes into this State in obedience to a summons directing him to attend and testify in this State he shall not,...
N.C. Gen. Stat. § 15A-815. Uniformity of interpretation
This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact...
N.C. Gen. Stat. § 15A-816. Title of Article
This Article may be cited as "Uniform Act to Secure the Attendance of Witnesses from without a State in Criminal Proceedings." (1937, c. 217,...
N.C. Gen. Stat. § 15A-817 through 15A-820. Reserved for future codification purposes

Article 44 - Securing Attendance of Prisoners as Witnesses.

N.C. Gen. Stat. § 15A-821. Securing attendance of prisoner in this State as witness in proceeding outside the State
(a) If a judge of a court of general jurisdiction in any other state, which by its laws has made provision for commanding a...
N.C. Gen. Stat. § 15A-822. Securing attendance of prisoner outside the State as witness in proceeding in the State
(a) When (1) A criminal action or proceeding is pending in a court of this State, and (2) There is reasonable cause to believe...
N.C. Gen. Stat. § 15A-823. Securing attendance of prisoner in federal institution as witness in proceeding in the State
(a) When (1) A criminal proceeding is pending in a court of this State; and (2) There is reasonable cause to believe that a...

Article 45 - Fair Treatment for Certain Victims and Witnesses.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 15A-828 through 15A-829. Reserved for future codification purposes

Article 46 - Crime Victims' Rights Act.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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:...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-837. Responsibilities of Section of Community Corrections of the Division of Adult Correction
(a) The Section of Community Corrections of the Division of Adult Correction shall notify the victim of: (1) The defendant's regular conditions of probation...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-842 through 15A-849. Reserved for future codification purposes

Article 47 - Reserved

N.C. Gen. Stat. § 15A-850 through 15A-900. Reserved for future codification purposes

Article 48 - Discovery in the Superior Court.

N.C. Gen. Stat. § 15A-901. Application of Article
This Article applies to cases within the original jurisdiction of the superior court. (1973, c. 1286, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-903. Disclosure of evidence by the State - Information subject to disclosure
(a) Upon motion of the defendant, the court must order: (1) The State to make available to the defendant the complete files of all...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-911 through 15A-920. Reserved for future codification purposes

Article 49 - Pleadings and Joinder.

N.C. Gen. Stat. § 15A-921. Pleadings in criminal cases
Subject to the provisions of this Article, the following may serve as pleadings of the State in criminal cases: (1) Citation. (2) Criminal summons....
N.C. Gen. Stat. § 15A-922. Use of pleadings in misdemeanor cases generally
(a) Process as Pleadings. - The citation, criminal summons, warrant for arrest, or magistrate's order serves as the pleading of the State for a...
N.C. Gen. Stat. § 15A-923. Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division
(a) Prosecution on Information or Indictment. - The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a...
N.C. Gen. Stat. § 15A-924. Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage
(a) A criminal pleading must contain: (1) The name or other identification of the defendant but the name of the defendant need not be...
N.C. Gen. Stat. § 15A-925. Bill of particulars
(a) Upon motion of a defendant under G.S. 15A-952, the court in which a charge is pending may order the State to file a...
N.C. Gen. Stat. § 15A-926. Joinder of offenses and defendants
(a) Joinder of Offenses. - Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or...
N.C. Gen. Stat. § 15A-927. Severance of offenses; objection to joinder of defendants for trial
(a) Timeliness of Motion; Waiver; Double Jeopardy. (1) A defendant's motion for severance of offenses must be made before trial as provided in G.S....
N.C. Gen. Stat. § 15A-928. Allegation and proof of previous convictions in superior court
(a) When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher...
N.C. Gen. Stat. § 15A-929. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-930. Reserved for future codification purposes

Article 50 - Voluntary Dismissal.

N.C. Gen. Stat. § 15A-931. Voluntary dismissal of criminal charges by the State
(a) Except as provided in G.S. 20-138.4, the prosecutor may dismiss any charges stated in a criminal pleading including those deferred for prosecution by...
N.C. Gen. Stat. § 15A-932. Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement
(a) The prosecutor may enter a dismissal with leave for nonappearance when a defendant: (1) Cannot be readily found to be served with an...
N.C. Gen. Stat. § 15A-933 through 15A-940. Reserved for future codification purposes

Article 51 - Arraignment.

N.C. Gen. Stat. § 15A-941. Arraignment before judge only upon written request; use of two-way audio and video transmission; entry of not guilty plea if not arraigned
(a) Arraignment consists of bringing a defendant in open court or as provided in subsection (b) of this section before a judge having jurisdiction...
N.C. Gen. Stat. § 15A-942. Right to counsel
If the defendant appears at the arraignment without counsel, the court must inform the defendant of his right to counsel, must accord the defendant...
N.C. Gen. Stat. § 15A-943. Arraignment in superior court - Required calendaring
(a) In counties in which there are regularly scheduled 20 or more weeks of trial sessions of superior court at which criminal cases are...
N.C. Gen. Stat. § 15A-944. Arraignment in superior court - Optional calendaring
In counties other than those described in G.S. 15A-943 the prosecutor may, but is not required to, calendar arraignments in the manner described in...
N.C. Gen. Stat. § 15A-945. Waiver of arraignment
A defendant who is represented by counsel and who wishes to plead not guilty may waive arraignment prior to the day for which arraignment...
N.C. Gen. Stat. § 15A-946 through 15A-950. Reserved for future codification purposes

Article 52 - Motions Practice.

N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-960 through 15A-970. Reserved for future codification purposes

Article 53 - Motion to Suppress Evidence.

N.C. Gen. Stat. § 15A-971. Definitions
As used in this Article the following definitions apply unless the context clearly requires otherwise: (1) Evidence. - When referring to matter in the...
N.C. Gen. Stat. § 15A-972. Motion to suppress evidence before trial in superior court in general
When an indictment has been returned or an information has been filed in the superior court, or a defendant has been bound over for...
N.C. Gen. Stat. § 15A-973. Motion to suppress evidence in district court
In misdemeanor prosecutions in the district court, motions to suppress evidence should ordinarily be made during the course of the trial. A motion to...
N.C. Gen. Stat. § 15A-974. Exclusion or suppression of unlawfully obtained evidence
(a) Upon timely motion, evidence must be suppressed if: (1) Its exclusion is required by the Constitution of the United States or the Constitution...
N.C. Gen. Stat. § 15A-975. Motion to suppress evidence in superior court prior to trial and during trial
(a) In superior court, the defendant may move to suppress evidence only prior to trial unless the defendant did not have reasonable opportunity to...
N.C. Gen. Stat. § 15A-976. Timing of pretrial suppression motion and hearing
(a) A motion to suppress evidence in superior court may be made at any time prior to trial except as provided in subsection (b)....
N.C. Gen. Stat. § 15A-977. Motion to suppress evidence in superior court; procedure
(a) A motion to suppress evidence in superior court made before trial must be in writing and a copy of the motion must be...
N.C. Gen. Stat. § 15A-978. Motion to suppress evidence in superior court or district court; challenge of probable cause supporting search on grounds of truthfulness; when identity of informant must be disclosed
(a) A defendant may contest the validity of a search warrant and the admissibility of evidence obtained thereunder by contesting the truthfulness of the...
N.C. Gen. Stat. § 15A-979. Motion to suppress evidence in superior and district court; orders of suppression; effects of orders and of failure to make motion
(a) Upon granting a motion to suppress evidence the judge must order that the evidence in question be excluded in the criminal action pending...
N.C. Gen. Stat. § 15A-980. Right to suppress use of certain prior convictions obtained in violation of right to counsel
(a) A defendant has the right to suppress the use of a prior conviction that was obtained in violation of his right to counsel...

Article 54 - Reserved

N.C. Gen. Stat. § 15A-981 through 15A-990. Reserved for future codification purposes

Article 55 - Reserved

N.C. Gen. Stat. § 15A-991 through 15A-1000. Reserved for future codification purposes

Article 56 - Incapacity to Proceed.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1008. Dismissal of charges
(a) When a defendant lacks capacity to proceed, the court shall dismiss the charges upon the earliest of the following occurrences: (1) When it...
N.C. Gen. Stat. § 15A-1009. Repealed by Session Laws 2013-18, s. 6, effective December 1, 2013
N.C. Gen. Stat. § 15A-1010. Reserved for future codification purposes

Article 57 - Pleas.

N.C. Gen. Stat. § 15A-1011. Pleas in district and superior courts; waiver of appearance
(a) A defendant may plead not guilty, guilty, or no contest "(nolo contendere)." A plea may be received only from the defendant himself in...
N.C. Gen. Stat. § 15A-1012. Aid of counsel; time for deliberation
(a) A defendant may not be called upon to plead until he has had an opportunity to retain counsel or, if he is eligible...
N.C. Gen. Stat. § 15A-1013 through 15A-1020. Reserved for future codification purposes

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

N.C. Gen. Stat. § 15A-1021. Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc
(a) In superior court, the prosecution and the defense may discuss the possibility that, upon the defendant's entry of a plea of guilty or...
N.C. Gen. Stat. § 15A-1022. Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required
(a) Except in the case of corporations or in misdemeanor cases in which there is a waiver of appearance under G.S. 15A-1011(a)(3), a superior...
N.C. Gen. Stat. § 15A-1022.1. Procedure in accepting admissions of the existence of aggravating factors in felonies
(a) Before accepting a plea of guilty or no contest to a felony, the court shall determine whether the State intends to seek a...
N.C. Gen. Stat. § 15A-1023. Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence
(a) If the parties have agreed upon a plea arrangement pursuant to G.S. 15A-1021 in which the prosecutor has agreed to recommend a particular...
N.C. Gen. Stat. § 15A-1024. Withdrawal of guilty plea when sentence not in accord with plea arrangement
If at the time of sentencing, the judge for any reason determines to impose a sentence other than provided for in a plea arrangement...
N.C. Gen. Stat. § 15A-1025. Plea discussion and arrangement inadmissible
The fact that the defendant or his counsel and the prosecutor engaged in plea discussions or made a plea arrangement may not be received...
N.C. Gen. Stat. § 15A-1026. Record of proceedings
A verbatim record of the proceedings at which the defendant enters a plea of guilty or no contest and of any preliminary consideration of...
N.C. Gen. Stat. § 15A-1027. Limitation on collateral attack on conviction
Noncompliance with the procedures of this Article may not be a basis for review of a conviction after the appeal period for the conviction...
N.C. Gen. Stat. § 15A-1028. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1029. Reserved for future codification purposes

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

N.C. Gen. Stat. § 15A-1029.1. Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses
(a) With the consent of both the prosecutor and the defendant, the presiding superior court judge may order a transfer of the defendant's case...
N.C. Gen. Stat. § 15A-1030. Reserved for future codification purposes

Article 59 - Maintenance of Order in the Courtroom.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1036 through 15A-1039. Reserved for future codification purposes

Article 60 - Reserved

N.C. Gen. Stat. § 15A-1040 through 15A-1050. Reserved for future codification purposes

Article 61 - Granting of Immunity to Witnesses.

N.C. Gen. Stat. § 15A-1051. Immunity; general provisions
(a) A witness who asserts his privilege against self-incrimination in a hearing or proceeding in court or before a grand jury of North Carolina...
N.C. Gen. Stat. § 15A-1052. Grant of immunity in court proceedings
(a) When the testimony or other information is to be presented to a court of the trial division of the General Court of Justice,...
N.C. Gen. Stat. § 15A-1053. Grant of immunity before grand jury
(a) When the testimony or other information is to be presented to a grand jury, the order to the witness to testify or produce...
N.C. Gen. Stat. § 15A-1054. Charge reductions or sentence concessions in consideration of truthful testimony
(a) Whether or not a grant of immunity is conferred under this Article, a prosecutor, when the interest of justice requires, may exercise his...
N.C. Gen. Stat. § 15A-1055. Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury
(a) Notwithstanding any other rule of evidence to the contrary, any party may examine a witness testifying under a grant of immunity or pursuant...
N.C. Gen. Stat. § 15A-1056 through 15A-1060. Reserved for future codification purposes

Article 62 - Mistrial.

N.C. Gen. Stat. § 15A-1061. Mistrial for prejudice to defendant
Upon motion of a defendant or with his concurrence the judge may declare a mistrial at any time during the trial. The judge must...
N.C. Gen. Stat. § 15A-1062. Mistrial for prejudice to the State
Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct...
N.C. Gen. Stat. § 15A-1063. Mistrial for impossibility of proceeding
Upon motion of a party or upon his own motion, a judge may declare a mistrial if: (1) It is impossible for the trial...
N.C. Gen. Stat. § 15A-1064. Mistrial; finding of facts required
Before granting a mistrial, the judge must make finding of facts with respect to the grounds for the mistrial and insert the findings in...
N.C. Gen. Stat. § 15A-1065. Procedure following mistrial
When a mistrial is ordered, the judge must direct that the case be retained for trial or such other proceedings as may be proper....
N.C. Gen. Stat. § 15A-1066 through 15A-1070. Reserved for future codification purposes

Article 63 - Reserved

N.C. Gen. Stat. § 15A-1071 through 15A-1080. Reserved for future codification purposes

Article 64 - Reserved

N.C. Gen. Stat. § 15A-1081 through 15A-1100. Reserved for future codification purposes

Article 65 - In General.

N.C. Gen. Stat. § 15A-1101. Applicability of superior court procedure
Trial procedure in the district court is in accordance with the provisions of Subchapter XII, Trial in Superior Court, except for provisions: (1) Relating...
N.C. Gen. Stat. § 15A-1102 through 15A-1110. Reserved for future codification purposes

Article 66 - Procedure for Hearing and Disposition of Infractions.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1115. Review of infractions originally disposed of in superior court
(a) Repealed by Session Laws 2013-385, s. 1, effective December 1, 2013. (b) Review of Infractions Originally Disposed of in Superior Court. - If...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1117. Recodified as � 20-24.2 by Session Laws 1985 (Reg. Sess., 1986), c. 852, s. 3
N.C. Gen. Stat. § 15A-1118. Costs
Costs assessed for an infraction are as specified in G.S. 7A-304. (1985, c. 764, s. 3.)

Article 67 - through 70 Reserved

N.C. Gen. Stat. § 15A-1119 through 15A-1200. Reserved for future codification purposes

Article 71 - Right to Trial by Jury.

N.C. Gen. Stat. § 15A-1201. (Effective until December 1, 2014) Right to trial by jury
(a) In all criminal cases the defendant has the right to be tried by a jury of 12 whose verdict must be unanimous. In...
N.C. Gen. Stat. § 15A-1202 through 15A-1210. Reserved for future codification purposes

Article 72 - Selecting and Impaneling the Jury.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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)...
N.C. Gen. Stat. § 15A-1218 through 15A-1220. Reserved for future codification purposes

Article 73 - Criminal Jury Trial in Superior Court.

N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1225.1. Child witnesses; remote testimony
(a) Definitions: (1) Child. - For the purposes of this section, a minor who is under the age of 16 years old at the...
N.C. Gen. Stat. § 15A-1225.2. Witnesses with developmental disabilities or mental retardation; remote testimony
(a) Definitions. - The following definitions apply to this section: (1) The definitions set out in G.S. 122C-3. (2) "Remote testimony" means a method...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1244 through 15A-1250. Reserved for future codification purposes

Article 74 - Reserved

N.C. Gen. Stat. § 15A-1251 through 15A-1260. Reserved for future codification purposes

Article 75 - Reserved

N.C. Gen. Stat. § 15A-1261 through 15A-1280. Reserved for future codification purposes

Article 76 - Reserved

N.C. Gen. Stat. § 15A-1281 through 15A-1290. Reserved for future codification purposes

Article 77 - Reserved

N.C. Gen. Stat. § 15A-1291 through 15A-1300. Reserved for future codification purposes

Article 78 - Order of Commitment to Imprisonment.

N.C. Gen. Stat. § 15A-1301. Order of commitment to imprisonment when not otherwise specified
When a judicial official orders that a defendant be imprisoned he must issue an appropriate written commitment order. When the commitment is to a...
N.C. Gen. Stat. § 15A-1302 through 15A-1310. Reserved for future codification purposes

Article 79 - Reserved

N.C. Gen. Stat. § 15A-1311 through 15A-1320. Reserved for future codification purposes

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

N.C. Gen. Stat. § 15A-1321. Automatic civil commitment of defendants found not guilty by reason of insanity
(a) When a defendant charged with a crime, wherein it is not alleged that the defendant inflicted or attempted to inflict serious physical injury...
N.C. Gen. Stat. § 15A-1322. Temporary restraint
If the judge finds that there are reasonable grounds to believe that the defendant-respondent is mentally ill, as defined in G.S. 122C-3, and is...
N.C. Gen. Stat. § 15A-1323 through 15A-1330. Reserved for future codification purposes

Article 81 - General Sentencing Provisions.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1331.1. 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...
N.C. Gen. Stat. § 15A-1331.2. Prayer for judgment continued for a period of time that exceeds 12 months is an improper disposition of a Class B1, B2, C, D, or E felony
The court shall not dispose of any criminal action that is a Class B1, B2, C, D, or E felony by ordering a prayer...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1337. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1338. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1339. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340. Reserved for future codification purposes

Article 81A - Sentencing Persons Convicted of Felonies.

N.C. Gen. Stat. § 15A-1340.1 through 15A-1340.7. Repealed by Session Laws 1993, c. 538, s. 14
N.C. Gen. Stat. § 15A-1340.8. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.9. Reserved for future codification purposes

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

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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 or deadly weapon 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 felony and it...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1340.16D. Manufacturing methamphetamine; enhanced sentence
(a) If a person is convicted of the offense of manufacture of methamphetamine under G.S. 90-95(b)(1a) and it is found as provided in this...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1340.18. Advanced supervised release
(a) Definitions. - For the purposes of this section, the following definitions apply: (1) "Advanced supervised release" or "ASR" means release from prison and...
N.C. Gen. Stat. § 15A-1340.19. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.19A. Applicability
Notwithstanding the provisions of G.S. 14-17, a defendant who is convicted of first degree murder, and who was under the age of 18 at...
N.C. Gen. Stat. § 15A-1340.19B. Penalty determination
(a) In determining a sentence under this Part, the court shall do one of the following: (1) If the sole basis for conviction of...
N.C. Gen. Stat. § 15A-1340.19C. Sentencing; assignment for resentencing
(a) The court shall consider any mitigating factors in determining whether, based upon all the circumstances of the offense and the particular circumstances of...
N.C. Gen. Stat. § 15A-1340.19D. Incidents of parole
(a) Except as otherwise provided in this section, a defendant sentenced to life imprisonment with parole shall be subject to the conditions and procedures...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1340.24 through 15A-1340.33. Reserved for future codification purposes

Article 81C - Restitution

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1340.39. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.40. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.41. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.42. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.43. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.44. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.45. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.46. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.47. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.48. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1340.49. Reserved for future codification purposes

Article 81D - Permanent No Contact Order Against Convicted Sex Offender.

N.C. Gen. Stat. § 15A-1340.50. Permanent no contact order prohibiting future contact by convicted sex offender with crime victim
(a) The following definitions apply in this Article: (1) Permanent no contact order. - A permanent injunction that prohibits any contact by a defendant...

Article 82 - Probation.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1343.1. Repealed by Session Laws 2002-126, s. 17.18, effective August 15, 2002
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1343.3. Division of Adult Correction of the Department of Public Safety to establish regulations for continuous alcohol monitoring systems; payment of fees; authority to terminate monitoring
(a) The Division of Adult Correction of the Department of Public Safety shall establish regulations for continuous alcohol monitoring systems that are authorized for...
N.C. Gen. Stat. § 15A-1344. Response to violations; alteration and revocation
(a) Authority to Alter or Revoke. - Except as provided in subsection (a1) or (b), probation may be reduced, terminated, continued, extended, modified, or...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1347. Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing
(a) Except as provided in subsection (b) of this section, when a district court judge, as a result of a finding of a violation...
N.C. Gen. Stat. § 15A-1348 through 15A-1350. Reserved for future codification purposes

Article 83 - Imprisonment.

N.C. Gen. Stat. § 15A-1351. Sentence of imprisonment; incidents; special probation
(a) The judge may sentence to special probation a defendant convicted of a criminal offense other than impaired driving under G.S. 20-138.1, if based...
N.C. Gen. Stat. § 15A-1352. Commitment to Division of Adult Correction of the Department of Public Safety or local confinement facility
(a) A person sentenced to imprisonment for a misdemeanor under this Article or for nonpayment of a fine under Article 84 of this Chapter...
N.C. Gen. Stat. § 15A-1353. Order of commitment when imprisonment imposed; release pending appeal
(a) When a sentence includes a term or terms of imprisonment, the court must issue an order of commitment setting forth the judgment. Unless...
N.C. Gen. Stat. § 15A-1354. Concurrent and consecutive terms of imprisonment
(a) Authority of Court. - When multiple sentences of imprisonment are imposed on a person at the same time or when a term of...
N.C. Gen. Stat. § 15A-1355. Calculation of terms of imprisonment
(a) Commencement of Sentence. - The commencement date of a sentence of imprisonment under authority of this Article is as provided in G.S. 15A-1353(a),...
N.C. Gen. Stat. § 15A-1356 through 15A-1360. Reserved for future codification purposes

Article 84 - Fines.

N.C. Gen. Stat. § 15A-1361. Authorized fines and penalties
A person who has been convicted of a criminal offense may be ordered to pay a fine as provided by law. A person who...
N.C. Gen. Stat. § 15A-1362. Imposition of fines
(a) General Criteria. - In determining the method of payment of a fine, the court should consider the burden that payment will impose in...
N.C. Gen. Stat. § 15A-1363. Remission of a fine or costs
A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of...
N.C. Gen. Stat. § 15A-1364. Response to nonpayment
(a) Response to Default. - When a defendant who has been required to pay a fine or costs or both defaults in payment or...
N.C. Gen. Stat. § 15A-1365. Judgment for fines docketed; lien and execution
When a defendant has defaulted in payment of a fine or costs, the judge may order that the judgment be docketed. Upon being docketed,...
N.C. Gen. Stat. § 15A-1366. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1367. Reserved for future codification purposes

Article 84A - Post-Release Supervision.

N.C. Gen. Stat. § 15A-1368. Definitions and administration
(a) The following words have the listed meaning in this Article: (1) Post-release supervision or supervision. - The time for which a sentenced prisoner...
N.C. Gen. Stat. § 15A-1368.1. Applicability of Article 84A
This Article applies to all felons sentenced to an active punishment under Article 81B of this Chapter or G.S. 90-95(h), but does not apply...
N.C. Gen. Stat. § 15A-1368.2. Post-release supervision eligibility and procedure
(a) Except as otherwise provided in this subsection, a prisoner to whom this Article applies shall be released from prison for post-release supervision on...
N.C. Gen. Stat. § 15A-1368.3. Incidents of post-release supervision
(a) Conditionality. - Post-release supervision is conditional and subject to revocation. (b) Modification. - The Commission may for good cause shown modify the conditions...
N.C. Gen. Stat. § 15A-1368.4. Conditions of post-release supervision
(a) In General. - Conditions of post-release supervision may be reintegrative in nature or designed to control the supervisee's behavior and to enforce compliance...
N.C. Gen. Stat. § 15A-1368.5. Commencement of post-release supervision; multiple sentences
A period of post-release supervision begins on the day the prisoner is released from imprisonment. Periods of post-release supervision run concurrently with any federal...
N.C. Gen. Stat. § 15A-1368.6. Arrest and hearing on post-release supervision violation
(a) Arrest for Violation of Post-Release Supervision. - A supervisee is subject to arrest by a law enforcement officer or a post-release supervision officer...

Article 84B - Medical Release of Inmates.

N.C. Gen. Stat. § 15A-1369. Definitions
For purposes of this Article, the term: (1) "Commission" means the Post-Release Supervision and Parole Commission. (2) "Division" means the Division of Adult Correction...
N.C. Gen. Stat. § 15A-1369.1. Authority to release
The Commission shall establish a medical release program to be administered by the Department. The Commission shall prescribe when and under what conditions an...
N.C. Gen. Stat. § 15A-1369.2. Eligibility
(a) Except as otherwise provided in this section, notwithstanding any other provision of law, an inmate is eligible to be considered for medical release...
N.C. Gen. Stat. § 15A-1369.3. Procedure for medical release
(a) The Commission shall consider an inmate for medical release upon referral by the Department. The Department may base its referral upon either a...
N.C. Gen. Stat. § 15A-1369.4. Conditions of medical release
(a) The Commission shall set reasonable conditions upon an inmate's medical release that shall apply through the date upon which the inmate's sentence would...
N.C. Gen. Stat. § 15A-1369.5. Change in medical status
(a) If a periodic medical assessment reveals that an inmate released on medical release has improved so that the inmate would not be eligible...
N.C. Gen. Stat. § 15A-1370. Reserved for future codification purposes

Article 85 - Parole.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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. -...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1377. Repealed by Session Laws 1977, 2nd Sess., c. 1147, s. 27
N.C. Gen. Stat. § 15A-1378 through 15A-1380. Reserved for future codification purposes

Article 85A - Parole of Certain Convicted Felons.

N.C. Gen. Stat. § 15A-1380.1 through 15A-1380.4. Repealed by Session Laws 1993, c. 538, s. 24

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

N.C. Gen. Stat. § 15A-1380.5. Repealed by Session Laws 1998-212, s. 19.4(q)

Article 86 - Reports of Dispositions of Criminal Cases.

N.C. Gen. Stat. § 15A-1381. Disposition defined
As used in this Article, the term "disposition" means any action which results in termination or indeterminate suspension of the prosecution of a criminal...
N.C. Gen. Stat. § 15A-1382. Reports of disposition; fingerprints
(a) When the defendant is fingerprinted pursuant to G.S. 15A-502 prior to the disposition of the case, a report of the disposition of the...
N.C. Gen. Stat. § 15A-1382.1. Reports of disposition; domestic violence; child abuse; sentencing
(a) When a defendant is found guilty of an offense involving assault, communicating a threat, or any of the acts as defined in G.S....
N.C. Gen. Stat. § 15A-1382.2. Sentencing court to include in judgment whether firearm was used
When a person is found guilty of a felony offense, the presiding judge shall determine whether the defendant used or displayed a firearm while...
N.C. Gen. Stat. § 15A-1383. Plans for implementation of Article; punishment for failure to comply; modification of plan
(a) On January 1, 1982, or on the first day of the month following the date on which any superior court district becomes effective...
N.C. Gen. Stat. § 15A-1384 through 15A-1390. Reserved for future codification purposes

Article 87 - Reserved

N.C. Gen. Stat. § 15A-1391 through 15A-1400. Reserved for future codification purposes

Article 88 - Post-Trial Motions and Appeal.

N.C. Gen. Stat. § 15A-1401. Post-trial motions and appeal
Relief from errors committed in criminal trials and proceedings and other post-trial relief may be sought by: (1) Motion for appropriate relief, as provided...
N.C. Gen. Stat. § 15A-1402 through 15A-1410. Reserved for future codification purposes

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

N.C. Gen. Stat. § 15A-1411. Motion for appropriate relief
(a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. Procedure for...
N.C. Gen. Stat. § 15A-1412. Provisions of Article procedural
The provision in this Article for the right to seek relief by motion for appropriate relief is procedural and is not determinative of the...
N.C. Gen. Stat. § 15A-1413. Trial judges empowered to act; assignment of motions for appropriate relief
(a) A motion for appropriate relief made pursuant to G.S. 15A-1415 may be heard and determined in the trial division by any judge who...
N.C. Gen. Stat. § 15A-1414. Motion by defendant for appropriate relief made within 10 days after verdict
(a) After the verdict but not more than 10 days after entry of judgment, the defendant by motion may seek appropriate relief for any...
N.C. Gen. Stat. § 15A-1415. Grounds for appropriate relief which may be asserted by defendant after verdict; limitation as to time
(a) At any time after verdict, a noncapital defendant by motion may seek appropriate relief upon any of the grounds enumerated in this section....
N.C. Gen. Stat. § 15A-1416. Motion by the State for appropriate relief
(a) After the verdict but not more than 10 days after entry of judgment, the State by motion may seek appropriate relief for any...
N.C. Gen. Stat. § 15A-1416.1. Motion by the defendant to vacate prostitution conviction for sex trafficking victim
(a) A motion for appropriate relief seeking to vacate a conviction for prostitution based on the grounds set out in G.S. 15A-1415(b)(10) shall be...
N.C. Gen. Stat. § 15A-1417. Relief available
(a) The following relief is available when the court grants a motion for appropriate relief: (1) New trial on all or any of the...
N.C. Gen. Stat. § 15A-1418. Motion for appropriate relief in the appellate division
(a) When a case is in the appellate division for review, a motion for appropriate relief based upon grounds set out in G.S. 15A-1415...
N.C. Gen. Stat. § 15A-1419. When motion for appropriate relief denied
(a) The following are grounds for the denial of a motion for appropriate relief, including motions filed in capital cases: (1) Upon a previous...
N.C. Gen. Stat. § 15A-1420. Motion for appropriate relief; procedure
(a) Form, Service, Filing. - (1) A motion for appropriate relief must: a. Be made in writing unless it is made: 1. In open...
N.C. Gen. Stat. § 15A-1421. Indigent defendants
The provisions of Chapter 7A of the General Statutes with regard to the appointment of counsel for indigent defendants are applicable to proceedings under...
N.C. Gen. Stat. § 15A-1422. Review upon appeal
(a) The making of a motion for appropriate relief is not a prerequisite for asserting an error upon appeal. (b) The grant or denial...
N.C. Gen. Stat. § 15A-1423 through 15A-1430. Reserved for future codification purposes

Article 90 - Appeals from Magistrates and District Court Judges.

N.C. Gen. Stat. § 15A-1431. Appeals by defendants from magistrate and district court judge; trial de novo
(a) A defendant convicted before a magistrate may appeal for trial de novo before a district court judge without a jury. (b) A defendant...
N.C. Gen. Stat. § 15A-1432. Appeals by State from district court judge
(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the district court judge to the superior court: (1)...
N.C. Gen. Stat. § 15A-1433 through 15A-1440. Reserved for future codification purposes

Article 91 - Appeal to Appellate Division.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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.)
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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....
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1454. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1455. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1456. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1457. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1458. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1459. Reserved for future codification purposes

Article 92 - North Carolina Innocence Inquiry Commission.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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, a State or local agency, a claimant, or a...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-1471. Preservation of files and evidence; production of files and evidence; forensic and DNA testing
(a) Upon receiving written notice from the Commission of a Commission inquiry, the State shall preserve all files and evidence subject to disclosure under...
N.C. Gen. Stat. § 15A-1472. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1473. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-1474. Reserved for future codification purposes
N.C. Gen. Stat. § 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 Oversight Committee...

Article 93 - through 99 Reserved

N.C. Gen. Stat. § 15A-1476 through 15A-1999. Reserved for future codification purposes

Article 100 - Capital Punishment.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 15A-2006. Expired pursuant to Session Laws 2001-346, s. 3, effective October 1, 2002
N.C. Gen. Stat. § 15A-2007. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-2008. Reserved for future codification purposes
N.C. Gen. Stat. § 15A-2009. Reserved for future codification purposes

Article 101 - North Carolina Racial Justice Act.

N.C. Gen. Stat. § 15A-2010 through 15A-2012. Repealed by Session Laws 2013-154, s. 5(a), effective June 19, 2013
N.C. Gen. Stat. § 15A-2010 through 15A-2012. Repealed by Session Laws 2013-154, s. 5(a), effective June 19, 2013

Last modified: March 23, 2014