North Carolina General Statutes
Chapter 15A - Criminal Procedure Act

Article 1 - Definitions and General Provisions.

§ 15A-101 - Definitions. - 15A-101. Definitions. Unless the context clearly requires otherwise, the following...

§ 15A-101.1 - Electronic technology in criminal process and procedure. - 15A-101.1. Electronic technology in criminal process and procedure. As used...

Article 3 - Venue.

§ 15A-131 - Venue generally. - 15A-131. Venue generally. (a) Venue for pretrial and trial proceedings...

§ 15A-132 - Concurrent venue. - 15A-132. Concurrent venue. (a) If acts or omissions constituting part...

§ 15A-133 - Waiver of venue; motion for change of venue; indictment may be returned in other county. - 15A-133. Waiver of venue; motion for change of venue; indictment...

§ 15A-134 - Offense occurring in part outside North Carolina. - 15A-134. Offense occurring in part outside North Carolina. If a...

§ 15A-135 - Allegation of venue conclusive in absence of timely motion. - 15A-135. Allegation of venue conclusive in absence of timely motion....

§ 15A-136 - Venue for sexual offenses. - 15A-136. Venue for sexual offenses. If a person is transported...

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

§ 15A-141 - When entry of attorney in criminal proceeding occurs. - 15A-141. When entry of attorney in criminal proceeding occurs. An...

§ 15A-142 - Requirement that clerk record entry. - 15A-142. Requirement that clerk record entry. The clerk must note...

§ 15A-143 - Attorney making general entry obligated to represent defendant at all subsequent stages. - 15A-143. Attorney making general entry obligated to represent defendant at...

§ 15A-144 - Withdrawal of attorney with permission of court. - 15A-144. Withdrawal of attorney with permission of court. The court...

Article 5 - Expunction of Records.

§ 15A-145 - (Effective until January 1, 2023) Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. - 15A-145. (Effective until January 1, 2023) Expunction of records for...

§ 15A-145.1 - (Effective until January 1, 2023) Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses. - 15A-145.1. (Effective until January 1, 2023) Expunction of records for...

§ 15A-145.2 - (Effective until January 1, 2023) Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. - 15A-145.2. (Effective until January 1, 2023) Expunction of records for...

§ 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. - 15A-145.3. Expunction of records for first offenders not over 21...

§ 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. - 15A-145.4. Expunction of records for first offenders who are under...

§ 15A-145.5 - Expunction of certain misdemeanors and felonies; no age limitation. - 15A-145.5. Expunction of certain misdemeanors and felonies; no age limitation....

§ 15A-145.6 - Expunctions for certain defendants convicted of prostitution. - 15A-145.6. Expunctions for certain defendants convicted of prostitution. (a) The...

§ 15A-145.7 - (Effective until January 1, 2023) Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses. - 15A-145.7. (Effective until January 1, 2023) Expunction of records for...

§ 15A-145.8 - Expunction of records when charges are remanded to district court for juvenile adjudication. - 15A-145.8. Expunction of records when charges are remanded to district...

§ 15A-145.8A - Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence[Effective until January 1, 2023] - 15A-145.8A. Expunction of records for offenders under the age of...

§ 15A-145.9 - Expunctions of certain offenses committed by human trafficking victims. - 15A-145.9. Expunctions of certain offenses committed by human trafficking victims....

§ 15A-146 - (Effective until January 1, 2023) Expunction of records when charges are dismissed or there are findings of not guilty. - 15A-146. (Effective until January 1, 2023) Expunction of records when...

§ 15A-147 - (Effective until January 1, 2023) Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity. - 15A-147. (Effective until January 1, 2023) Expunction of records when...

§ 15A-148 - Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted. - 15A-148. Expunction of DNA records when charges are dismissed on...

§ 15A-149 - (Effective until January 1, 2023) Expunction of records when pardon of innocence is granted. - 15A-149. (Effective until January 1, 2023) Expunction of records when...

§ 15A-150 - Notification requirements. - 15A-150. Notification requirements. (a) Notification to AOC. - The clerk...

§ 15A-151 - Confidential agency files; exceptions to expunction. - 15A-151. Confidential agency files; exceptions to expunction. (a) The Administrative...

§ 15A-151.5 - Prosecutor access to expunged files. - 15A-151.5. Prosecutor access to expunged files. (a) Notwithstanding any other...

§ 15A-152 - Civil liability for dissemination of certain criminal history information. - 15A-152. Civil liability for dissemination of certain criminal history information....

§ 15A-153 - Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments. - 15A-153. Effect of expunction; prohibited practices by employers, educational institutions,...

§ 15A-160 - Reporting requirement. - 15A-160. Reporting requirement. The Department of Public Safety, in conjunction...

Article 6 - Certification of Relief.

§ 15A-173.1 - Definitions. - 15A-173.1. Definitions. The following definitions apply in this Article: (1)...

§ 15A-173.2 - Certificate of Relief. - 15A-173.2. Certificate of Relief. (a) An individual who is convicted...

§ 15A-173.3 - Collateral sanctions not subject to order of limited relief or Certificate of Relief. - 15A-173.3. Collateral sanctions not subject to order of limited relief...

§ 15A-173.4 - Issuance, modification, and revocation of Certificate of Relief by the court. - 15A-173.4. Issuance, modification, and revocation of Certificate of Relief by...

§ 15A-173.5 - Reliance on order or Certificate of Relief as evidence of due care. - 15A-173.5. Reliance on order or Certificate of Relief as evidence...

§ 15A-173.6 - Victim's rights. - 15A-173.6. Victim's rights. The victim of the underlying offense for...

Article 8 - Electronic Recording of Interrogations.

§ 15A-211 - Electronic recording of interrogations. - 15A-211. Electronic recording of interrogations. (a) Purpose. - The purpose...

Article 8A - SBI and State Crime Laboratory Access to View and Analyze Recordings.

§ 15A-220 - SBI and State Crime Laboratory access to view and analyze recordings. - 15A-220. SBI and State Crime Laboratory access to view and...

Article 9 - Search and Seizure by Consent.

§ 15A-221 - General authorization; definition of "consent". - 15A-221. General authorization; definition of "consent". (a) Authority to Search...

§ 15A-222 - Person from whom effective consent may be obtained. - 15A-222. Person from whom effective consent may be obtained. The...

§ 15A-223 - Permissible scope of consent search and seizure. - 15A-223. Permissible scope of consent search and seizure. (a) Search...

Article 10 - Other Searches and Seizures.

§ 15A-231 - Other searches and seizures. - 15A-231. Other searches and seizures. Constitutionally permissible searches and seizures...

Article 11 - Search Warrants.

§ 15A-241 - Definition of search warrant. - 15A-241. Definition of search warrant. A search warrant is a...

§ 15A-242 - Items subject to seizure under a search warrant. - 15A-242. Items subject to seizure under a search warrant. An...

§ 15A-243 - Who may issue a search warrant. - 15A-243. Who may issue a search warrant. (a) A search...

§ 15A-244 - Contents of the application for a search warrant. - 15A-244. Contents of the application for a search warrant. Each...

§ 15A-245 - Basis for issuance of a search warrant; duty of the issuing official. - 15A-245. Basis for issuance of a search warrant; duty of...

§ 15A-246 - Form and content of the search warrant. - 15A-246. Form and content of the search warrant. A search...

§ 15A-247 - Who may execute a search warrant. - 15A-247. Who may execute a search warrant. A search warrant...

§ 15A-248 - Time of execution of a search warrant. - 15A-248. Time of execution of a search warrant. A search...

§ 15A-249 - Officer to give notice of identity and purpose. - 15A-249. Officer to give notice of identity and purpose. The...

§ 15A-251 - Entry by force. - 15A-251. Entry by force. An officer may break and enter...

§ 15A-252 - Service of a search warrant. - 15A-252. Service of a search warrant. Before undertaking any search...

§ 15A-253 - Scope of the search; seizure of items not named in the warrant. - 15A-253. Scope of the search; seizure of items not named...

§ 15A-254 - List of items seized. - 15A-254. List of items seized. Upon seizing items pursuant to...

§ 15A-255 - Frisk of persons present in premises or vehicle to be searched. - 15A-255. Frisk of persons present in premises or vehicle to...

§ 15A-256 - Detention and search of persons present in private premises or vehicle to be searched. - 15A-256. Detention and search of persons present in private premises...

§ 15A-257 - Return of the executed warrant. - 15A-257. Return of the executed warrant. An officer who has...

§ 15A-258 - Disposition of seized property. - 15A-258. Disposition of seized property. Property seized shall be held...

§ 15A-259 - Application of Article to all warrants; exception as to inspection warrants and special riot situations. - 15A-259. Application of Article to all warrants; exception as to...

Article 12 - Pen Registers; Trap and Trace Devices.

§ 15A-260 - Definitions. - 15A-260. Definitions. As used in this Article: (1) "Electronic communication,"...

§ 15A-261 - Prohibition and exceptions. - 15A-261. Prohibition and exceptions. (a) In General. - Except as...

§ 15A-262 - Application for order for pen register or trap and trace device. - 15A-262. Application for order for pen register or trap and...

§ 15A-263 - Issuance of order for pen register or trap and trace device. - 15A-263. Issuance of order for pen register or trap and...

§ 15A-264 - Assistance in installation and use of a pen register or a trap and trace device. - 15A-264. Assistance in installation and use of a pen register...

Article 13 - DNA Database and Databank.

§ 15A-266 - Short title. - 15A-266. Short title. This Article may be cited as the...

§ 15A-266.1 - Policy. - 15A-266.1. Policy. It is the policy of the State to...

§ 15A-266.2 - Definitions. - 15A-266.2. Definitions. As used in this Article, unless another meaning...

§ 15A-266.3 - Establishment of State DNA database and databank. - 15A-266.3. Establishment of State DNA database and databank. There is...

§ 15A-266.3A - DNA sample required for DNA analysis upon arrest for certain offenses. - 15A-266.3A. DNA sample required for DNA analysis upon arrest for...

§ 15A-266.4 - DNA sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity. - 15A-266.4. DNA sample required for DNA analysis upon conviction or...

§ 15A-266.5 - Tests to be performed on DNA sample. - 15A-266.5. Tests to be performed on DNA sample. (a) The...

§ 15A-266.5A - Statewide sexual assault examination kit testing protocol. - 15A-266.5A. Statewide sexual assault examination kit testing protocol. (a) Legislative...

§ 15A-266.6 - Procedures for obtaining DNA sample for analysis; refusal to provide sample. - 15A-266.6. Procedures for obtaining DNA sample for analysis; refusal to...

§ 15A-266.7 - Procedures for conducting DNA analysis of DNA sample. - 15A-266.7. Procedures for conducting DNA analysis of DNA sample. (a)...

§ 15A-266.8 - DNA database exchange. - 15A-266.8. DNA database exchange. (a) It shall be the duty...

§ 15A-266.9 - Cancellation of authority to exchange DNA records. - 15A-266.9. Cancellation of authority to exchange DNA records. The Crime...

§ 15A-266.11 - Unauthorized uses of DNA Databank; penalties. - 15A-266.11. Unauthorized uses of DNA Databank; penalties. (a) Any person...

§ 15A-266.12 - Confidentiality of records. - 15A-266.12. Confidentiality of records. (a) All DNA profiles and samples...

§ 15A-267 - Access to DNA samples from crime scene. - 15A-267. Access to DNA samples from crime scene. (a) A...

§ 15A-268 - Preservation of biological evidence. - 15A-268. Preservation of biological evidence. (a) As used in this...

§ 15A-269 - Request for postconviction DNA testing. - 15A-269. Request for postconviction DNA testing. (a) A defendant may...

§ 15A-270 - Post-test procedures. - 15A-270. Post-test procedures. (a) Notwithstanding any other provision of law,...

§ 15A-270.1 - Right to appeal denial of defendant's motion for DNA testing. - 15A-270.1. Right to appeal denial of defendant's motion for DNA...

Article 14 - Nontestimonial Identification.

§ 15A-271 - Authority to issue order. - 15A-271. Authority to issue order. A nontestimonial identification order authorized...

§ 15A-272 - Time of application; additional investigative procedures not precluded. - 15A-272. Time of application; additional investigative procedures not precluded. A...

§ 15A-273 - Basis for order. - 15A-273. Basis for order. An order may issue only on...

§ 15A-274 - Issuance of order. - 15A-274. Issuance of order. Upon a showing that the grounds...

§ 15A-275 - Modification of order. - 15A-275. Modification of order. At the request of a person...

§ 15A-276 - Failure to appear. - 15A-276. Failure to appear. Any person who fails without adequate...

§ 15A-277 - Service of order. - 15A-277. Service of order. An order to appear pursuant to...

§ 15A-278 - Contents of order. - 15A-278. Contents of order. An order to appear must be...

§ 15A-279 - Implementation of order. - 15A-279. Implementation of order. (a) Nontestimonial identification procedures may be...

§ 15A-280 - Return. - 15A-280. Return. Within 90 days after the nontestimonial identification procedure,...

§ 15A-281 - Nontestimonial identification order at request of defendant. - 15A-281. Nontestimonial identification order at request of defendant. A person...

§ 15A-282 - Copy of results to person involved. - 15A-282. Copy of results to person involved. A person who...

Article 14A - Eyewitness Identification Reform Act.

§ 15A-284.50 - Short title. - 15A-284.50. Short title. This Article shall be called the "Eyewitness...

§ 15A-284.51 - Purpose. - 15A-284.51. Purpose. The purpose of this Article is to help...

§ 15A-284.52 - Eyewitness identification reform. - 15A-284.52. Eyewitness identification reform. (a) Definitions. - The following definitions...

§ 15A-284.53 - Training of law enforcement officers. - 15A-284.53. Training of law enforcement officers. Pursuant to its authority...

Article 15 - Urgent Necessity.

§ 15A-285 - Non-law-enforcement actions when urgently necessary. - 15A-285. Non-law-enforcement actions when urgently necessary. When an officer reasonably...

Article 16 - Electronic Surveillance.

§ 15A-286 - Definitions. - 15A-286. Definitions. As used in this Article, unless the context...

§ 15A-287 - Interception and disclosure of wire, oral, or electronic communications prohibited. - 15A-287. Interception and disclosure of wire, oral, or electronic communications...

§ 15A-288 - Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited. - 15A-288. Manufacture, distribution, possession, and advertising of wire, oral, or...

§ 15A-289 - Confiscation of wire, oral, or electronic communication interception devices. - 15A-289. Confiscation of wire, oral, or electronic communication interception devices....

§ 15A-290 - Offenses for which orders for electronic surveillance may be granted. - 15A-290. Offenses for which orders for electronic surveillance may be...

§ 15A-291 - Application for electronic surveillance order; judicial review panel. - 15A-291. Application for electronic surveillance order; judicial review panel. (a)...

§ 15A-292 - Request for application for electronic surveillance order. - 15A-292. Request for application for electronic surveillance order. (a) The...

§ 15A-293 - Issuance of order for electronic surveillance; procedures for implementation. - 15A-293. Issuance of order for electronic surveillance; procedures for implementation....

§ 15A-294 - Authorization for disclosure and use of intercepted wire, oral, or electronic communications. - 15A-294. Authorization for disclosure and use of intercepted wire, oral,...

§ 15A-295 - Reports concerning intercepted wire, oral, or electronic communications. - 15A-295. Reports concerning intercepted wire, oral, or electronic communications. In...

§ 15A-296 - Recovery of civil damages authorized. - 15A-296. Recovery of civil damages authorized. (a) Any person whose...

§ 15A-297 - Conformity to provisions of federal law. - 15A-297. Conformity to provisions of federal law. It is the...

§ 15A-298 - Subpoena authority. - 15A-298. Subpoena authority. The Director of the State Bureau of...

Article 16A - Discontinuation of Telecommunications Services.

§ 15A-299 - Discontinuation of telecommunications services used for unlawful purposes. - 15A-299. Discontinuation of telecommunications services used for unlawful purposes. (a)...

Article 16B - Use of Unmanned Aircraft Systems.

§ 15A-300.1 - Restrictions on use of unmanned aircraft systems. - 15A-300.1. Restrictions on use of unmanned aircraft systems. (a) Definitions....

§ 15A-300.2 - Regulation of launch and recovery sites. - 15A-300.2. Regulation of launch and recovery sites. (a) No unmanned...

§ 15A-300.3 - Use of an unmanned aircraft system near a confinement or correctional facility prohibited. - 15A-300.3. Use of an unmanned aircraft system near a confinement...

Article 17 - Criminal Process.

§ 15A-301 - Criminal process generally. - 15A-301. Criminal process generally. (a) Formal Requirements. - (1) A...

§ 15A-301.1 - Electronic Repository. - 15A-301.1. Electronic Repository. (a) The Administrative Office of the Courts...

§ 15A-302 - Citation. - 15A-302. Citation. (a) Definition. - A citation is a directive,...

§ 15A-303 - Criminal summons. - 15A-303. Criminal summons. (a) Definition. - A criminal summons consists...

§ 15A-304 - Warrant for arrest. - 15A-304. Warrant for arrest. (a) Definition. - A warrant for...

§ 15A-305 - Order for arrest. - 15A-305. Order for arrest. (a) Definition. - As used in...

Article 18 - Identification Documents.

§ 15A-311 - Consulate documents not acceptable as identification. - 15A-311. Consulate documents not acceptable as identification. (a) The following...

Article 20 - Arrest.

§ 15A-401 - Arrest by law-enforcement officer. - 15A-401. Arrest by law-enforcement officer. (a) Arrest by Officer Pursuant...

§ 15A-402 - Territorial jurisdiction of officers to make arrests. - 15A-402. Territorial jurisdiction of officers to make arrests. (a) Territorial...

§ 15A-403 - Arrest by officers from other states. - 15A-403. Arrest by officers from other states. (a) Any law-enforcement...

§ 15A-404 - Detention of offenders by private persons. - 15A-404. Detention of offenders by private persons. (a) No Arrest;...

§ 15A-405 - Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons. - 15A-405. Assistance to law-enforcement officers by private persons to effect...

§ 15A-406 - Assistance by federal officers. - 15A-406. Assistance by federal officers. (a) For purposes of this...

Article 23 - Police Processing and Duties upon Arrest.

§ 15A-501 - Police processing and duties upon arrest generally. - 15A-501. Police processing and duties upon arrest generally. Upon the...

§ 15A-502 - Photographs and fingerprints. - 15A-502. Photographs and fingerprints. (a) A person charged with the...

§ 15A-502.1 - DNA sample upon arrest. - 15A-502.1. DNA sample upon arrest. A DNA sample shall be...

§ 15A-503 - Police assistance to persons arrested while unconscious or semiconscious. - 15A-503. Police assistance to persons arrested while unconscious or semiconscious....

§ 15A-504 - Return of released person. - 15A-504. Return of released person. (a) Upon a magistrate's finding...

§ 15A-505 - Notification of parent and school. - 15A-505. Notification of parent and school. (a) A law enforcement...

Article 24 - Initial Appearance.

§ 15A-511 - Initial appearance. - 15A-511. Initial appearance. (a) Appearance before Magistrate. - (1) A...

Article 25 - Commitment.

§ 15A-521 - (Effective until January 1, 2023) Commitment to detention facility pending trial. - 15A-521. (Effective until January 1, 2023) Commitment to detention facility...

Article 26 - Bail.

§ 15A-531 - Definitions. - 15A-531. Definitions. As used in this Article the following definitions...

§ 15A-532 - Persons authorized to determine conditions for release. - 15A-532. Persons authorized to determine conditions for release. Judicial officials...

§ 15A-533 - Right to pretrial release in capital and noncapital cases. - 15A-533. Right to pretrial release in capital and noncapital cases....

§ 15A-534 - (Effective until January 1, 2023) Procedure for determining conditions of pretrial release. - 15A-534. (Effective until January 1, 2023) Procedure for determining conditions...

§ 15A-534.1 - (Effective until January 1, 2023) Crimes of domestic violence; bail and pretrial release. - 15A-534.1. (Effective until January 1, 2023) Crimes of domestic violence;...

§ 15A-534.2 - Detention of impaired drivers. - 15A-534.2. Detention of impaired drivers. (a) A judicial official conducting...

§ 15A-534.3 - Detention for communicable diseases. - 15A-534.3. Detention for communicable diseases. If a judicial official conducting...

§ 15A-534.4 - Sex offenses and crimes of violence against child victimsbail and pretrial release. - 15A-534.4. Sex offenses and crimes of violence against child victims:...

§ 15A-534.5 - Detention to protect public health. - 15A-534.5. Detention to protect public health. If a judicial official...

§ 15A-534.6 - Bail in cases of manufacture of methamphetamine. - 15A-534.6. Bail in cases of manufacture of methamphetamine. In all...

§ 15A-534.7 - Communicating a threat of mass violence; bail and pretrial release. - 15A-534.7. Communicating a threat of mass violence; bail and pretrial...

§ 15A-535 - Issuance of policies on pretrial release. - 15A-535. Issuance of policies on pretrial release. (a) Subject to...

§ 15A-536 - Release after conviction in the superior court. - 15A-536. Release after conviction in the superior court. (a) A...

§ 15A-537 - Persons authorized to effect release. - 15A-537. Persons authorized to effect release. (a) Following any authorization...

§ 15A-538 - Modification of order on motion of person detained; substitution of surety. - 15A-538. Modification of order on motion of person detained; substitution...

§ 15A-539 - Modification upon motion of prosecutor. - 15A-539. Modification upon motion of prosecutor. (a) A prosecutor may...

§ 15A-540 - Surrender of a defendant by a surety; setting new conditions of release. - 15A-540. Surrender of a defendant by a surety; setting new...

§ 15A-541 - Persons prohibited from becoming surety. - 15A-541. Persons prohibited from becoming surety. (a) No sheriff, deputy...

§ 15A-542 - False qualification by surety. - 15A-542. False qualification by surety. (a) No person may sign...

§ 15A-543 - Penalties for failure to appear. - 15A-543. Penalties for failure to appear. (a) In addition to...

§ 15A-544.1 - Forfeiture jurisdiction. - 15A-544.1. Forfeiture jurisdiction. By executing a bail bond the defendant...

§ 15A-544.2 - Identifying information on bond. - 15A-544.2. Identifying information on bond. (a) The following information shall...

§ 15A-544.3 - Entry of forfeiture. - 15A-544.3. (Effective until January 1, 2023) Entry of forfeiture. (a)...

§ 15A-544.4 - Notice of forfeiture. - 15A-544.4. Notice of forfeiture. (a) The court shall give notice...

§ 15A-544.5 - Setting aside forfeiture. - 15A-544.5. (Effective until January 1, 2023) Setting aside forfeiture. (a)...

§ 15A-544.6 - Final judgment of forfeiture. - 15A-544.6. Final judgment of forfeiture. A forfeiture entered under G.S....

§ 15A-544.7 - Docketing and enforcement of final judgment of forfeiture. - 15A-544.7. Docketing and enforcement of final judgment of forfeiture. (a)...

§ 15A-544.8 - Relief from final judgment of forfeiture. - 15A-544.8. Relief from final judgment of forfeiture. (a) Relief Exclusive....

§ 15A-546 - Contempt. - 15A-546. Contempt. Nothing in this Article is intended to interfere...

§ 15A-547 - Right to habeas corpus. - 15A-547. Right to habeas corpus. Nothing in this Article is...

§ 15A-547.1 - Remit bail bond if defendant sentenced to community or intermediate punishment. - 15A-547.1. Remit bail bond if defendant sentenced to community or...

Article 29 - First Appearance Before District Court Judge.

§ 15A-601 - First appearance before a district court judge; consolidation of first appearance before magistrate and before district court judge; first appearance before clerk of superior court. - 15A-601. First appearance before a district court judge; consolidation of...

§ 15A-602 - Warning of right against self-incrimination. - 15A-602. Warning of right against self-incrimination. Except when he is...

§ 15A-603 - Assuring defendant's right to counsel. - 15A-603. Assuring defendant's right to counsel. (a) The judge must...

§ 15A-604 - Determination of sufficiency of charge. - 15A-604. Determination of sufficiency of charge. (a) The judge must...

§ 15A-605 - Additional proceedings at first appearance before judge. - 15A-605. Additional proceedings at first appearance before judge. The judge...

§ 15A-606 - Demand or waiver of probable-cause hearing. - 15A-606. Demand or waiver of probable-cause hearing. (a) The judge...

Article 30 - Probable-Cause Hearing.

§ 15A-611 - Probable-cause hearing procedure. - 15A-611. Probable-cause hearing procedure. (a) At the probable-cause hearing: (1)...

§ 15A-612 - Disposition of charge on probable-cause hearing. - 15A-612. Disposition of charge on probable-cause hearing. (a) At the...

§ 15A-613 - Setting offense for trial in district court. - 15A-613. Setting offense for trial in district court. If an...

§ 15A-614 - Review of eligibility for pretrial release. - 15A-614. Review of eligibility for pretrial release. Upon binding a...

§ 15A-615 - (Effective until January 1, 2023) Testing of certain persons for sexually transmitted infections. - 15A-615. (Effective until January 1, 2023) Testing of certain persons...

Article 31 - The Grand Jury and Its Proceedings.

§ 15A-621 - "Grand jury" defined. - 15A-621. "Grand jury" defined. A grand jury is a body...

§ 15A-622 - Formation and organization of grand juries; other preliminary matters. - 15A-622. Formation and organization of grand juries; other preliminary matters....

§ 15A-623 - Grand jury proceedings and operation in general. - 15A-623. Grand jury proceedings and operation in general. (a) The...

§ 15A-624 - Grand jury the judge of facts; judge the source of legal advice. - 15A-624. Grand jury the judge of facts; judge the source...

§ 15A-626 - Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge. - 15A-626. Who may call witnesses before grand jury; no right...

§ 15A-627 - Submission of bill of indictment to grand jury by prosecutor. - 15A-627. Submission of bill of indictment to grand jury by...

§ 15A-628 - Functions of grand jury; record to be kept by clerk. - 15A-628. Functions of grand jury; record to be kept by...

§ 15A-629 - Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge. - 15A-629. Procedure upon finding of not a true bill; release...

§ 15A-630 - Notice to defendant of true bill of indictment. - 15A-630. Notice to defendant of true bill of indictment. Upon...

§ 15A-631 - Grand jury venue. - 15A-631. Grand jury venue. In the General Court of Justice,...

Article 32 - Indictment and Related Instruments.

§ 15A-641 - Indictment and related instruments; definitions of indictment, information, and presentment. - 15A-641. Indictment and related instruments; definitions of indictment, information, and...

§ 15A-642 - Prosecutions originating in superior court to be upon indictment or information; waiver of indictment. - 15A-642. Prosecutions originating in superior court to be upon indictment...

§ 15A-643 - Joinder of offenses and defendants and consolidation of indictments and informations. - 15A-643. Joinder of offenses and defendants and consolidation of indictments...

§ 15A-644 - Form and content of indictment, information or presentment. - 15A-644. Form and content of indictment, information or presentment. (a)...

§ 15A-644.1 - Filing of information when plea of guilty or no contest in district court to Class H or I felony. - 15A-644.1. Filing of information when plea of guilty or no...

§ 15A-645 - Allegations of previous convictions. - 15A-645. Allegations of previous convictions. Trial upon indictments and informations...

§ 15A-646 - Superseding indictments and informations. - 15A-646. Superseding indictments and informations. If at any time before...

Article 36 - Special Criminal Process for Attendance of Defendants.

§ 15A-711 - Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed. - 15A-711. Securing attendance of criminal defendants confined in institutions within...

Article 37 - Uniform Criminal Extradition Act.

§ 15A-721 - Definitions. - 15A-721. Definitions. Where appearing in this Article the term "Governor"...

§ 15A-722 - Duty of Governor as to fugitives from justice of other states. - 15A-722. Duty of Governor as to fugitives from justice of...

§ 15A-723 - Form of demand for extradition. - 15A-723. Form of demand for extradition. No demand for the...

§ 15A-724 - Governor may cause investigation to be made. - 15A-724. Governor may cause investigation to be made. When a...

§ 15A-725 - Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion. - 15A-725. Extradition of persons imprisoned or awaiting trial in another...

§ 15A-726 - Extradition of persons not present in demanding state at time of commission of crime. - 15A-726. Extradition of persons not present in demanding state at...

§ 15A-727 - Issue of Governor's warrant of arrest; its recitals. - 15A-727. Issue of Governor's warrant of arrest; its recitals. If...

§ 15A-728 - Manner and place of execution of warrant. - 15A-728. Manner and place of execution of warrant. Such warrant...

§ 15A-729 - Authority of arresting officer. - 15A-729. Authority of arresting officer. Every such peace officer or...

§ 15A-730 - Rights of accused person; application for writ of habeas corpus. - 15A-730. Rights of accused person; application for writ of habeas...

§ 15A-731 - Penalty for noncompliance with § 15A-730. - 15A-731. Penalty for noncompliance with 15A-730. Any officer who shall...

§ 15A-732 - Confinement in jail when necessary. - 15A-732. Confinement in jail when necessary. The officer or person...

§ 15A-733 - Arrest prior to requisition. - 15A-733. Arrest prior to requisition. Whenever any person within this...

§ 15A-734 - Arrest without a warrant. - 15A-734. Arrest without a warrant. The arrest of a person...

§ 15A-735 - Commitment to await requisition; bail. - 15A-735. Commitment to await requisition; bail. If from the examination...

§ 15A-736 - Bail in certain cases; conditions of bond. - 15A-736. Bail in certain cases; conditions of bond. Unless the...

§ 15A-736.1 - Recodified as G.S15A-534.6 by Session Laws 2007-484, s4, effective August 30, 2007. - 15A-736.1: Recodified as G.S. 15A-534.6 by Session Laws 2007-484, s....

§ 15A-737 - Extension of time of commitment; adjournment. - 15A-737. Extension of time of commitment; adjournment. If the accused...

§ 15A-738 - Forfeiture of bail. - 15A-738. Forfeiture of bail. If the prisoner is admitted to...

§ 15A-739 - Persons under criminal prosecution in this State at time of requisition. - 15A-739. Persons under criminal prosecution in this State at time...

§ 15A-740 - Guilt or innocence of accused, when inquired into. - 15A-740. Guilt or innocence of accused, when inquired into. The...

§ 15A-741 - Governor may recall warrant or issue alias. - 15A-741. Governor may recall warrant or issue alias. The Governor...

§ 15A-742 - Fugitives from this State; duty of governors. - 15A-742. Fugitives from this State; duty of governors. Whenever the...

§ 15A-743 - Application for issuance of requisition; by whom made; contents. - 15A-743. Application for issuance of requisition; by whom made; contents....

§ 15A-744 - Costs and expenses. - 15A-744. Costs and expenses. Subject to the requirements and restrictions...

§ 15A-745 - Immunity from service of process in certain civil actions. - 15A-745. Immunity from service of process in certain civil actions....

§ 15A-746 - Written waiver of extradition proceedings. - 15A-746. Written waiver of extradition proceedings. Any person arrested in...

§ 15A-747 - Nonwaiver by this State. - 15A-747. Nonwaiver by this State. Nothing in this Article contained...

§ 15A-748 - No right of asylum; no immunity from other criminal prosecution while in this State. - 15A-748. No right of asylum; no immunity from other criminal...

§ 15A-749 - Interpretation. - 15A-749. Interpretation. The provisions of this Article shall be so...

§ 15A-750 - Short title. - 15A-750. Short title. This Article may be cited as the...

Article 38 - Interstate Agreement on Detainers.

§ 15A-761 - Agreement on Detainers entered into; form and contents. - 15A-761. Agreement on Detainers entered into; form and contents. This...

§ 15A-762 - Meaning of "appropriate court." - 15A-762. Meaning of "appropriate court." The phrase "appropriate court" as...

§ 15A-763 - Cooperation in enforcement. - 15A-763. Cooperation in enforcement. All courts, departments, agencies, officers and...

§ 15A-764 - Escape from temporary custody. - 15A-764. Escape from temporary custody. Any prisoner released to temporary...

§ 15A-765 - Authority and duty of official in charge of institution. - 15A-765. Authority and duty of official in charge of institution....

§ 15A-766 - Designation of central administrator of and information agent for agreement. - 15A-766. Designation of central administrator of and information agent for...

§ 15A-767 - Distribution of copies of Article. - 15A-767. Distribution of copies of Article. Copies of this Article...

Article 39 - Other Special Process for Attendance of Defendants.

§ 15A-771 - Securing attendance of defendants confined in federal prisons. - 15A-771. Securing attendance of defendants confined in federal prisons. (a)...

§ 15A-772 - Securing attendance of defendants who are outside the United States. - 15A-772. Securing attendance of defendants who are outside the United...

§ 15A-773 - Securing attendance of organizations; appearance. - 15A-773. Securing attendance of organizations; appearance. (a) The court attendance...

Article 42 - Attendance of Witnesses Generally.

§ 15A-801 - Subpoena for witness. - 15A-801. Subpoena for witness. The presence of a person as...

§ 15A-802 - Subpoena for the production of documentary evidence. - 15A-802. Subpoena for the production of documentary evidence. The production...

§ 15A-803 - Attendance of witnesses. - 15A-803. Attendance of witnesses. (a) Material Witness Order Authorized. -...

§ 15A-804 - Voluntary protective custody. - 15A-804. Voluntary protective custody. (a) Upon request of a witness,...

§ 15A-805 - Securing attendance of witnesses confined in institutions within the State. - 15A-805. Securing attendance of witnesses confined in institutions within the...

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

§ 15A-811 - Definitions. - 15A-811. Definitions. The word "state" shall include any territory of...

§ 15A-812 - Summoning witness in this State to testify in another state. - 15A-812. Summoning witness in this State to testify in another...

§ 15A-813 - Witness from another state summoned to testify in this State. - 15A-813. Witness from another state summoned to testify in this...

§ 15A-814 - Exemption from arrest and service of process. - 15A-814. Exemption from arrest and service of process. If a...

§ 15A-815 - Uniformity of interpretation. - 15A-815. Uniformity of interpretation. This Article shall be so interpreted...

§ 15A-816 - Title of Article. - 15A-816. Title of Article. This Article may be cited as...

Article 44 - Securing Attendance of Prisoners as Witnesses.

§ 15A-821 - (Effective until January 1, 2023) Securing attendance of prisoner in this State as witness in proceeding outside the State. - 15A-821. (Effective until January 1, 2023) Securing attendance of prisoner...

§ 15A-822 - Securing attendance of prisoner outside the State as witness in proceeding in the State. - 15A-822. Securing attendance of prisoner outside the State as witness...

§ 15A-823 - Securing attendance of prisoner in federal institution as witness in proceeding in the State. - 15A-823. Securing attendance of prisoner in federal institution as witness...

Article 45 - Fair Treatment for Certain Victims and Witnesses.

§ 15A-824 - Definitions. - 15A-824. Definitions. The following definitions apply in this Article: (1)...

§ 15A-825 - Treatment due victims and witnesses. - 15A-825. Treatment due victims and witnesses. (a) To the extent...

§ 15A-826 - District attorney legal assistants. - 15A-826. District attorney legal assistants. In addition to providing administrative...

§ 15A-827 - Scope. - 15A-827. Scope. This Article does not create any civil or...

Article 46 - Crime Victims' Rights Act.

§ 15A-830 - (Effective until January 1, 2023) Definitions. - 15A-830. (Effective until January 1, 2023) Definitions. (a) The following...

§ 15A-830.5 - Victim's rights. - 15A-830.5. Victim's rights. (a) A victim of crime shall be...

§ 15A-831 - Responsibilities of law enforcement agency. - 15A-831. Responsibilities of law enforcement agency. (a) As soon as...

§ 15A-831.1 - Polygraph examinations of victims of sexual assaults. - 15A-831.1. Polygraph examinations of victims of sexual assaults. (a) A...

§ 15A-832 - Responsibilities of the district attorney's office. - 15A-832. (Effective until January 1, 2023) Responsibilities of the district...

§ 15A-832.1 - Responsibilities of judicial officials. - 15A-832.1. Responsibilities of judicial officials. (a) In issuing a pleading...

§ 15A-833 - Evidence of victim impact. - 15A-833. Evidence of victim impact. (a) A victim has the...

§ 15A-834 - Restitution. - 15A-834. Restitution. A victim has the right to receive restitution...

§ 15A-834.5 - Enforcement of the rights of a victim. - 15A-834.5. Enforcement of the rights of a victim. (a) A...

§ 15A-835 - Posttrial responsibilities. - 15A-835. Posttrial responsibilities. (a) Within 30 days after the final...

§ 15A-836 - Responsibilities of agency with custody of defendant. - 15A-836. Responsibilities of agency with custody of defendant. (a) When...

§ 15A-837 - (Effective until January 1, 2023) Responsibilities of Section of Community Corrections of the Division of Adult Correction and Juvenile Justice. - 15A-837. (Effective until January 1, 2023) Responsibilities of Section of...

§ 15A-838 - Notice of commuted sentence or pardon. - 15A-838. Notice of commuted sentence or pardon. The Governor's Clemency...

§ 15A-839 - No money damages. - 15A-839. No money damages. This Article, including the provision of...

Article 48 - Discovery in the Superior Court.

§ 15A-901 - Application of Article. - 15A-901. Application of Article. This Article applies to cases within...

§ 15A-902 - Discovery procedure. - 15A-902. Discovery procedure. (a) A party seeking discovery under this...

§ 15A-903 - Disclosure of evidence by the State - Information subject to disclosure. - 15A-903. Disclosure of evidence by the State - Information subject...

§ 15A-904 - Disclosure by the State - Certain information not subject to disclosure. - 15A-904. Disclosure by the State - Certain information not subject...

§ 15A-905 - Disclosure of evidence by the defendant - Information subject to disclosure. - 15A-905. Disclosure of evidence by the defendant - Information subject...

§ 15A-906 - Disclosure of evidence by the defendant - Certain evidence not subject to disclosure. - 15A-906. Disclosure of evidence by the defendant - Certain evidence...

§ 15A-907 - Continuing duty to disclose. - 15A-907. Continuing duty to disclose. If a party, who is...

§ 15A-908 - Regulation of discovery - Protective orders. - 15A-908. Regulation of discovery - Protective orders. (a) Upon written...

§ 15A-909 - Regulation of discovery - Time, place, and manner of discovery and inspection. - 15A-909. Regulation of discovery - Time, place, and manner of...

§ 15A-910 - Regulation of discovery - Failure to comply. - 15A-910. Regulation of discovery - Failure to comply. (a) If...

Article 49 - Pleadings and Joinder.

§ 15A-921 - Pleadings in criminal cases. - 15A-921. Pleadings in criminal cases. Subject to the provisions of...

§ 15A-922 - Use of pleadings in misdemeanor cases generally. - 15A-922. Use of pleadings in misdemeanor cases generally. (a) Process...

§ 15A-923 - Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division. - 15A-923. Use of pleadings in felony cases and misdemeanor cases...

§ 15A-924 - Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage. - 15A-924. Contents of pleadings; duplicity; alleging and proving previous convictions;...

§ 15A-925 - Bill of particulars. - 15A-925. Bill of particulars. (a) Upon motion of a defendant...

§ 15A-926 - Joinder of offenses and defendants. - 15A-926. Joinder of offenses and defendants. (a) Joinder of Offenses....

§ 15A-927 - Severance of offenses; objection to joinder of defendants for trial. - 15A-927. Severance of offenses; objection to joinder of defendants for...

§ 15A-928 - Allegation and proof of previous convictions in superior court. - 15A-928. Allegation and proof of previous convictions in superior court....

Article 50 - Voluntary Dismissal.

§ 15A-931 - Voluntary dismissal of criminal charges by the State. - 15A-931. Voluntary dismissal of criminal charges by the State. (a)...

§ 15A-932 - Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement. - 15A-932. Dismissal with leave when defendant fails to appear and...

Article 51 - Arraignment.

§ 15A-941 - Arraignment before judge only upon written request; entry of not guilty plea if not arraigned. - 15A-941. Arraignment before judge only upon written request; entry of...

§ 15A-942 - Right to counsel. - 15A-942. Right to counsel. If the defendant appears at the...

§ 15A-943 - Arraignment in superior court Required calendaring. - 15A-943. Arraignment in superior court -Required calendaring. (a) In counties...

§ 15A-944 - Arraignment in superior court Optional calendaring. - 15A-944. Arraignment in superior court - Optional calendaring. In counties...

§ 15A-945 - Waiver of arraignment. - 15A-945. Waiver of arraignment. A defendant who is represented by...

Article 52 - Motions Practice.

§ 15A-951 - Motions in general; definition, service, and filing. - 15A-951. Motions in general; definition, service, and filing. (a) A...

§ 15A-952 - Pretrial motions; time for filing; sanction for failure to file; motion hearing date. - 15A-952. Pretrial motions; time for filing; sanction for failure to...

§ 15A-953 - Motions practice in district court. - 15A-953. Motions practice in district court. In misdemeanor prosecutions in...

§ 15A-954 - Motion to dismiss Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant. - 15A-954. Motion to dismiss - Grounds applicable to all criminal...

§ 15A-955 - Motion to dismiss Grounds applicable to indictments. - 15A-955. Motion to dismiss - Grounds applicable to indictments. The...

§ 15A-956 - Deferral of ruling on motion to dismiss when charge to be reinstituted. - 15A-956. Deferral of ruling on motion to dismiss when charge...

§ 15A-957 - Motion for change of venue. - 15A-957. Motion for change of venue. If, upon motion of...

§ 15A-958 - Motion for a special venire from another county. - 15A-958. Motion for a special venire from another county. Upon...

§ 15A-959 - Notice of defense of insanity; pretrial determination of insanity. - 15A-959. Notice of defense of insanity; pretrial determination of insanity....

Article 53 - Motion to Suppress Evidence.

§ 15A-971 - Definitions. - 15A-971. Definitions. As used in this Article the following definitions...

§ 15A-972 - Motion to suppress evidence before trial in superior court in general. - 15A-972. Motion to suppress evidence before trial in superior court...

§ 15A-973 - Motion to suppress evidence in district court. - 15A-973. Motion to suppress evidence in district court. In misdemeanor...

§ 15A-974 - Exclusion or suppression of unlawfully obtained evidence. - 15A-974. Exclusion or suppression of unlawfully obtained evidence. (a) Upon...

§ 15A-975 - Motion to suppress evidence in superior court prior to trial and during trial. - 15A-975. Motion to suppress evidence in superior court prior to...

§ 15A-976 - Timing of pretrial suppression motion and hearing. - 15A-976. Timing of pretrial suppression motion and hearing. (a) A...

§ 15A-977 - Motion to suppress evidence in superior court; procedure. - 15A-977. Motion to suppress evidence in superior court; procedure. (a)...

§ 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. - 15A-978. Motion to suppress evidence in superior court or district...

§ 15A-979 - Motion to suppress evidence in superior and district court; orders of suppression; effects of orders and of failure to make motion. - 15A-979. Motion to suppress evidence in superior and district court;...

§ 15A-980 - Right to suppress use of certain prior convictions obtained in violation of right to counsel. - 15A-980. Right to suppress use of certain prior convictions obtained...

Article 56 - Incapacity to Proceed.

§ 15A-1001 - No proceedings when defendant mentally incapacitated; exception. - 15A-1001. No proceedings when defendant mentally incapacitated; exception. (a) No...

§ 15A-1002 - Determination of incapacity to proceed; evidence; temporary commitment; temporary orders. - 15A-1002. Determination of incapacity to proceed; evidence; temporary commitment; temporary...

§ 15A-1003 - Referral of incapable defendant for civil commitment proceedings. - 15A-1003. Referral of incapable defendant for civil commitment proceedings. (a)...

§ 15A-1004 - Orders for safeguarding of defendant and return for trial. - 15A-1004. Orders for safeguarding of defendant and return for trial....

§ 15A-1005 - Reporting to court with regard to defendants incapable of proceeding. - 15A-1005. Reporting to court with regard to defendants incapable of...

§ 15A-1006 - Return of defendant for trial upon gaining capacity. - 15A-1006. Return of defendant for trial upon gaining capacity. If...

§ 15A-1007 - Supplemental hearings. - 15A-1007. Supplemental hearings. (a) When it has been reported to...

§ 15A-1008 - Dismissal of charges. - 15A-1008. Dismissal of charges. (a) When a defendant lacks capacity...

Article 57 - Pleas.

§ 15A-1011 - Pleas in district and superior courts; waiver of appearance. - 15A-1011. Pleas in district and superior courts; waiver of appearance....

§ 15A-1012 - Aid of counsel; time for deliberation. - 15A-1012. Aid of counsel; time for deliberation. (a) A defendant...

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

§ 15A-1021 - Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc. - 15A-1021. Plea conference; improper pressure prohibited; submission of arrangement to...

§ 15A-1022 - Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required. - 15A-1022. Advising defendant of consequences of guilty plea; informed choice;...

§ 15A-1022.1 - Procedure in accepting admissions of the existence of aggravating factors in felonies. - 15A-1022.1. Procedure in accepting admissions of the existence of aggravating...

§ 15A-1023 - Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence. - 15A-1023. Action by judge in plea arrangements relating to sentence;...

§ 15A-1024 - Withdrawal of guilty plea when sentence not in accord with plea arrangement. - 15A-1024. Withdrawal of guilty plea when sentence not in accord...

§ 15A-1025 - Plea discussion and arrangement inadmissible. - 15A-1025. Plea discussion and arrangement inadmissible. The fact that the...

§ 15A-1026 - Record of proceedings. - 15A-1026. Record of proceedings. A verbatim record of the proceedings...

§ 15A-1027 - Limitation on collateral attack on conviction. - 15A-1027. Limitation on collateral attack on conviction. Noncompliance with the...

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

§ 15A-1029.1 - Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses. - 15A-1029.1. Transfer of case from superior court to district court...

Article 59 - Maintenance of Order in the Courtroom.

§ 15A-1031 - Custody and restraint of defendant and witnesses. - 15A-1031. Custody and restraint of defendant and witnesses. A trial...

§ 15A-1032 - Removal of disruptive defendant. - 15A-1032. Removal of disruptive defendant. (a) A trial judge, after...

§ 15A-1033 - Removal of disruptive witnesses and spectators. - 15A-1033. Removal of disruptive witnesses and spectators. The judge in...

§ 15A-1034 - Controlling access to the courtroom. - 15A-1034. Controlling access to the courtroom. (a) The presiding judge...

§ 15A-1035 - Other powers. - 15A-1035. Other powers. In addition to the use of the...

Article 61 - Granting of Immunity to Witnesses.

§ 15A-1051 - Immunity; general provisions. - 15A-1051. Immunity; general provisions. (a) A witness who asserts his...

§ 15A-1052 - Grant of immunity in court proceedings. - 15A-1052. Grant of immunity in court proceedings. (a) When the...

§ 15A-1053 - Grant of immunity before grand jury. - 15A-1053. Grant of immunity before grand jury. (a) When the...

§ 15A-1054 - Charge reductions or sentence concessions in consideration of truthful testimony. - 15A-1054. Charge reductions or sentence concessions in consideration of truthful...

§ 15A-1055 - Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury. - 15A-1055. Evidence of grant of immunity or testimonial arrangement may...

Article 62 - Mistrial.

§ 15A-1061 - Mistrial for prejudice to defendant. - 15A-1061. Mistrial for prejudice to defendant. Upon motion of a...

§ 15A-1062 - Mistrial for prejudice to the State. - 15A-1062. Mistrial for prejudice to the State. Upon motion of...

§ 15A-1063 - Mistrial for impossibility of proceeding. - 15A-1063. Mistrial for impossibility of proceeding. Upon motion of a...

§ 15A-1064 - Mistrial; finding of facts required. - 15A-1064. Mistrial; finding of facts required. Before granting a mistrial,...

§ 15A-1065 - Procedure following mistrial. - 15A-1065. Procedure following mistrial. When a mistrial is ordered, the...

Article 65 - In General.

§ 15A-1101 - Applicability of superior court procedure. - 15A-1101. Applicability of superior court procedure. Trial procedure in the...

Article 66 - Procedure for Hearing and Disposition of Infractions.

§ 15A-1111 - General procedure for disposition of infractions. - 15A-1111. General procedure for disposition of infractions. The procedure for...

§ 15A-1112 - Venue. - 15A-1112. Venue. Venue for the conduct of infraction hearings lies...

§ 15A-1113 - Prehearing procedure. - 15A-1113. Prehearing procedure. (a) Process. - A law enforcement officer...

§ 15A-1114 - Hearing procedure for infractions. - 15A-1114. Hearing procedure for infractions. (a) Jurisdiction. - Jurisdiction for...

§ 15A-1115 - Review of infractions originally disposed of in superior court. - 15A-1115. Review of infractions originally disposed of in superior court....

§ 15A-1116 - Enforcement of sanctions. - 15A-1116. Enforcement of sanctions. (a) Use of Contempt or Fine...

§ 15A-1117 - Recodified as § 20-24.2 by Session Laws 1985 (RegSess., 1986), c852, s3. - 15A-1117: Recodified as 20-24.2 by Session Laws 1985 (Reg. Sess.,...

§ 15A-1118 - Costs. - 15A-1118. Costs. Costs assessed for an infraction are as specified...

Article 71 - Right to Trial by Jury.

§ 15A-1201 - Right to trial by jury; waiver of jury trial; procedure for waiver. - 15A-1201. Right to trial by jury; waiver of jury trial;...

Article 72 - Selecting and Impaneling the Jury.

§ 15A-1211 - Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors. - 15A-1211. Selection procedure generally; role of judge; challenge to the...

§ 15A-1212 - Grounds for challenge for cause. - 15A-1212. Grounds for challenge for cause. A challenge for cause...

§ 15A-1213 - Informing prospective jurors of case. - 15A-1213. Informing prospective jurors of case. Prior to selection of...

§ 15A-1214 - Selection of jurors; procedure. - 15A-1214. Selection of jurors; procedure. (a) The clerk, under the...

§ 15A-1215 - Alternate jurors. - 15A-1215. Alternate jurors. (a) The judge may permit the seating...

§ 15A-1216 - Impaneling jury. - 15A-1216. Impaneling jury. After all jurors, including alternate jurors, have...

§ 15A-1217 - Number of peremptory challenges. - 15A-1217. Number of peremptory challenges. (a) Capital cases. (1) Each...

Article 73 - Criminal Jury Trial in Superior Court.

§ 15A-1221 - Order of proceedings in jury trial; reading of indictment prohibited. - 15A-1221. Order of proceedings in jury trial; reading of indictment...

§ 15A-1222 - Expression of opinion prohibited. - 15A-1222. Expression of opinion prohibited. The judge may not express...

§ 15A-1223 - Disqualification of judge. - 15A-1223. Disqualification of judge. (a) A judge on his own...

§ 15A-1224 - Death or disability of trial judge. - 15A-1224. Death or disability of trial judge. (a) If by...

§ 15A-1225 - Exclusion of witnesses. - 15A-1225. Exclusion of witnesses. Upon motion of a party the...

§ 15A-1225.1 - Child witnesses; remote testimony. - 15A-1225.1. Child witnesses; remote testimony. (a) Definitions: (1) Child. -...

§ 15A-1225.2 - Witnesses with an intellectual or developmental disability; remote testimony. - 15A-1225.2. Witnesses with an intellectual or developmental disability; remote testimony....

§ 15A-1225.3 - Forensic analyst remote testimony. - 15A-1225.3. Forensic analyst remote testimony. (a) Definitions. - The following...

§ 15A-1226 - Rebuttal evidence; additional evidence. - 15A-1226. Rebuttal evidence; additional evidence. (a) Each party has the...

§ 15A-1227 - Motion for dismissal. - 15A-1227. Motion for dismissal. (a) A motion for dismissal for...

§ 15A-1228 - Notes by the jury. - 15A-1228. Notes by the jury. Except where the judge, on...

§ 15A-1229 - View by jury. - 15A-1229. View by jury. (a) The trial judge in his...

§ 15A-1230 - Limitations on argument to the jury. - 15A-1230. Limitations on argument to the jury. (a) During a...

§ 15A-1231 - Jury instructions. - 15A-1231. Jury instructions. (a) At the close of the evidence...

§ 15A-1232 - Jury instructions; explanation of law; opinion prohibited. - 15A-1232. Jury instructions; explanation of law; opinion prohibited. In instructing...

§ 15A-1233 - Review of testimony; use of evidence by the jury. - 15A-1233. Review of testimony; use of evidence by the jury....

§ 15A-1234 - Additional instructions. - 15A-1234. Additional instructions. (a) After the jury retires for deliberation,...

§ 15A-1235 - Length of deliberations; deadlocked jury. - 15A-1235. Length of deliberations; deadlocked jury. (a) Before the jury...

§ 15A-1236 - Admonitions to jurors; regulation and separation of jurors. - 15A-1236. Admonitions to jurors; regulation and separation of jurors. (a)...

§ 15A-1237 - Verdict. - 15A-1237. Verdict. (a) The verdict must be in writing, signed...

§ 15A-1238 - Polling the jury. - 15A-1238. Polling the jury. Upon the motion of any party...

§ 15A-1239 - Judicial comment on verdict. - 15A-1239. Judicial comment on verdict. The trial judge may not...

§ 15A-1240 - Impeachment of the verdict. - 15A-1240. Impeachment of the verdict. (a) Upon an inquiry into...

§ 15A-1241 - Record of proceedings. - 15A-1241. Record of proceedings. (a) The trial judge must require...

§ 15A-1242 - Defendant's election to represent himself at trial. - 15A-1242. Defendant's election to represent himself at trial. A defendant...

§ 15A-1243 - Standby counsel for defendant representing himself. - 15A-1243. Standby counsel for defendant representing himself. When a defendant...

Article 78 - Order of Commitment to Imprisonment.

§ 15A-1301 - (Effective until January 1, 2023) Order of commitment to imprisonment when not otherwise specified. - 15A-1301. (Effective until January 1, 2023) Order of commitment to...

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

§ 15A-1321 - Automatic civil commitment of defendants found not guilty by reason of insanity. - 15A-1321. Automatic civil commitment of defendants found not guilty by...

§ 15A-1322 - Temporary restraint. - 15A-1322. Temporary restraint. If the judge finds that there are...

Article 81 - General Sentencing Provisions.

§ 15A-1331 - Authorized sentences; conviction. - 15A-1331. Authorized sentences; conviction. (a) The criminal judgment entered against...

§ 15A-1331A - Recodified as G.S15A-1331.1 by Session Laws 2012-194, s45(a), effective July 17, 2012. - 15A-1331A. Recodified as G.S. 15A-1331.1 by Session Laws 2012-194, s....

§ 15A-1331.1 - Forfeiture of licensing privileges after conviction of a felony. - 15A-1331.1. Forfeiture of licensing privileges after conviction of a felony....

§ 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. - 15A-1331.2. Prayer for judgment continued for a period of time...

§ 15A-1332 - (Effective until January 1, 2023) Presentence reports. - 15A-1332. (Effective until January 1, 2023) Presentence reports. (a) Presentence...

§ 15A-1333 - Availability of presentence report. - 15A-1333. Availability of presentence report. (a) Presentence Reports and Sentencing...

§ 15A-1334 - The sentencing hearing. - 15A-1334. The sentencing hearing. (a) Time of Hearing. - Unless...

§ 15A-1335 - Resentencing after appellate review. - 15A-1335. Resentencing after appellate review. When a conviction or sentence...

§ 15A-1336 - Compliance with criminal case firearm notification requirements of the federal Violence Against Women Act. - 15A-1336. Compliance with criminal case firearm notification requirements of the...

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

§ 15A-1340.10 - Applicability of structured sentencing. - 15A-1340.10. Applicability of structured sentencing. This Article applies to criminal...

§ 15A-1340.11 - Definitions. - 15A-1340.11. Definitions. The following definitions apply in this Article: (1)...

§ 15A-1340.12 - Purposes of sentencing. - 15A-1340.12. Purposes of sentencing. The primary purposes of sentencing a...

§ 15A-1340.13 - (Effective until January 1, 2023) Procedure and incidents of sentence of imprisonment for felonies. - 15A-1340.13. (Effective until January 1, 2023) Procedure and incidents of...

§ 15A-1340.14 - Prior record level for felony sentencing. - 15A-1340.14. (Effective until January 1, 2023) Prior record level for...

§ 15A-1340.15 - Multiple convictions. - 15A-1340.15. Multiple convictions. (a) Consecutive Sentences. - This Article does...

§ 15A-1340.16 - Aggravated and mitigated sentences. - 15A-1340.16. (Effective until January 1, 2023) Aggravated and mitigated sentences....

§ 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. - 15A-1340.16A. Enhanced sentence if defendant is convicted of a Class...

§ 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. - 15A-1340.16B. Life imprisonment without parole for a second or subsequent...

§ 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. - 15A-1340.16C. Enhanced sentence if defendant is convicted of a felony...

§ 15A-1340.16D - Manufacturing methamphetamine; enhanced sentence. - 15A-1340.16D. Manufacturing methamphetamine; enhanced sentence. (a) If a person is...

§ 15A-1340.16E - Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang activity. - 15A-1340.16E. Enhanced sentence for offenses committed by criminal gang members...

§ 15A-1340.17 - Punishment limits for each class of offense and prior record level. - 15A-1340.17. Punishment limits for each class of offense and prior...

§ 15A-1340.18 - (Effective until January 1, 2023) Advanced supervised release. - 15A-1340.18. (Effective until January 1, 2023) Advanced supervised release. (a)...

§ 15A-1340.19A - Applicability. - 15A-1340.19A. Applicability. Notwithstanding the provisions of G.S. 14-17, a defendant...

§ 15A-1340.19B - Penalty determination. - 15A-1340.19B. Penalty determination. (a) In determining a sentence under this...

§ 15A-1340.19C - Sentencing; assignment for resentencing. - 15A-1340.19C. Sentencing; assignment for resentencing. (a) The court shall consider...

§ 15A-1340.19D - Incidents of parole. - 15A-1340.19D. Incidents of parole. (a) Except as otherwise provided in...

§ 15A-1340.20 - (Effective until January 1, 2023) Procedure and incidents of sentence of imprisonment for misdemeanors. - 15A-1340.20. (Effective until January 1, 2023) Procedure and incidents of...

§ 15A-1340.21 - Prior conviction level for misdemeanor sentencing. - 15A-1340.21. (Effective until January 1, 2023) Prior conviction level for...

§ 15A-1340.22 - Multiple convictions. - 15A-1340.22. Multiple convictions. (a) Limits on Consecutive Sentences. - If...

§ 15A-1340.23 - Punishment limits for each class of offense and prior conviction level. - 15A-1340.23. Punishment limits for each class of offense and prior...

Article 81C - Restitution.

§ 15A-1340.34 - Restitution generally. - 15A-1340.34. Restitution generally. (a) When sentencing a defendant convicted of...

§ 15A-1340.35 - Basis for restitution. - 15A-1340.35. Basis for restitution. (a) In determining the amount of...

§ 15A-1340.36 - (Effective until January 1, 2023) Determination of restitution. - 15A-1340.36. (Effective until January 1, 2023) Determination of restitution. (a)...

§ 15A-1340.37 - Effect of restitution order; beneficiaries. - 15A-1340.37. Effect of restitution order; beneficiaries. (a) An order providing...

§ 15A-1340.38 - Enforcement of certain orders for restitution. - 15A-1340.38. Enforcement of certain orders for restitution. (a) In addition...

§ 15A-1340.39 - Remission of restitution, notice, and hearing required. - 15A-1340.39. Remission of restitution, notice, and hearing required. (a) Notice...

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

§ 15A-1340.50 - Permanent no contact order prohibiting future contact by convicted sex offender with crime victim. - 15A-1340.50. Permanent no contact order prohibiting future contact by convicted...

Article 82 - Probation.

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North Carolina General Statutes Chapter 15A - Criminal Procedure Act

North Carolina General Statutes
Chapter 15A - Criminal Procedure Act