7B-2407. When admissions by juvenile may be accepted.
(a) The court may accept an admission from a juvenile only after first addressing the juvenile personally and:
(1) Informing the juvenile that the juvenile has a right to remain silent and that any statement the juvenile makes may be used against the juvenile;
(2) Determining that the juvenile understands the nature of the charge;
(3) Informing the juvenile that the juvenile has a right to deny the allegations;
(4) Informing the juvenile that by the juvenile's admissions the juvenile waives the juvenile's right to be confronted by the witnesses against the juvenile;
(5) Determining that the juvenile is satisfied with the juvenile's representation; and
(6) Informing the juvenile of the most restrictive disposition on the charge.
(b) By inquiring of the prosecutor, the juvenile's attorney, and the juvenile personally, the court shall determine whether there were any prior discussions involving admissions, whether the parties have entered into any arrangement with respect to the admissions and the terms thereof, and whether any improper pressure was exerted. The court may accept an admission from a juvenile only after determining that the admission is a product of informed choice.
(c) The court may accept an admission only after determining that there is a factual basis for the admission. This determination may be based upon any of the following information: a statement of the facts by the prosecutor; a written statement of the juvenile; sworn testimony which may include reliable hearsay; or a statement of facts by the juvenile's attorney. (1979, c. 815, s. 1; 1998-202, s. 6.)
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.