7B-2404. Participation of the prosecutor; voluntary dismissal.
(a) A prosecutor shall represent the State in contested delinquency hearings including first appearance, detention, probable cause, transfer, adjudicatory, dispositional, probation revocation, post-release supervision, and extended jurisdiction hearings.
(b) A prosecutor may dismiss any allegations stated in a juvenile petition with or without leave by entering an oral dismissal in open court at any time or by filing a written dismissal with the clerk. The juvenile, the juvenile's parent, guardian, or custodian, and the juvenile's counsel shall be notified of the dismissal by the prosecutor either in open court or by being served with the written dismissal. In addition, the written dismissal shall be served on (i) the chief court counselor or his or her designee and (ii) if the juvenile is being held in a detention center, the director of the detention center. If the prosecutor dismisses the petition with leave because of the failure of the juvenile to appear in court, the prosecutor may refile the petition if the juvenile is apprehended or apprehension is imminent. (1979, c. 815, s. 1; 1981, c. 469, s. 12; 1998-202, s. 6; 2015-58, s. 2.2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 24 - Hearing Procedures.
§ 7B-2400 - Amendment of petition.
§ 7B-2402.1 - Restraint of juveniles in courtroom.
§ 7B-2403 - Adjudicatory hearing.
§ 7B-2404 - Participation of the prosecutor; voluntary dismissal.
§ 7B-2405 - Conduct of the adjudicatory hearing.
§ 7B-2407 - When admissions by juvenile may be accepted.
§ 7B-2408 - Rules of evidence.
§ 7B-2408.5 - Motion to suppress evidence in adjudicatory hearings; procedure; appeal.
§ 7B-2409 - Quantum of proof in adjudicatory hearing.
§ 7B-2410 - Record of proceedings.
§ 7B-2412 - Legal effect of adjudication of delinquency.