Ncgs 15a 15A-1004 Page 1 § 15A‑1004. It covers topics such as warrants, probable cause, use of force, and entry on private premises or vehicle. 1, effective July 5, 1985. Motion to suppress evidence in superior court; procedure. 15A-536. " A plea may be received only from the defendant himself in open court except in any of the following circumstances: Article 8. (a) Separate Proceedings on Issue of Penalty. (a) A defendant convicted before a magistrate may appeal for trial de novo before a district court judge without a jury. 5 is entered on or before that date; and If the defendant is required to provide fingerprints pursuant to G. (a) Definition. (d1) Repealed by Session Laws 2012-191, s. (a) A defendant may plead not guilty, guilty, or no contest "(nolo contendere). 27; 1979, c. Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. (a) The following definitions apply in this Article: (1) Accused. This statute outlines the conditions and procedures for pretrial release of defendants charged with various crimes in North Carolina. § 15A-266. – Law‑enforcement officers of the State of North Carolina may arrest persons at any place within the State. (c) A motion to dismiss for the reasons set out in subsection (a) may be made at any time. 1. Article 1 - Definitions and General Provisions. (a) Formal Requirements. 15A-502(a1), (a2), (a4), or (a6), or a DNA sample pursuant to G. Preservation of biological evidence. - The offense classification is as specified in the offense for which the sentence is being imposed. Definitions. – A warrant for arrest consists of a statement of the crime of which the person to be arrested is accused, and an order directing that the person so accused be arrested and held to answer to the charges made against him. A written request is not required if the parties agree in writing to voluntarily comply with the provisions of Article 48 of Chapter 15A of the General Statutes. 15A‑242, he must issue a search warrant in accordance with the requirements of this Article. - If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G. (1973, c. If he determines release is warranted, the judge must authorize release of the defendant in accordance with G. 14-3. 6 or the district attorney, and any other relevant evidence, it finds the § 15A-922. 17 or G. § 15A-1344. A private person may detain another person as provided in this section. 5, if the court finds all of the following: G. – The law enforcement agency Article 82. Dismissal of charges. § 15A‑286. (a) Documents and Tangible Objects. § 15A-924. 15A-268 Page 1 § 15A‑268. application which are subject to seizure under G. Procedure for the making of the motion is as set out in G. ) G. Warrant for arrest. 1 Page 1 § 15A‑534. DNA sample required for DNA analysis upon arrest for certain offenses. 1; 1975, c. 15A‑974. 723. (b) Fines. (b) Procedures for appeal from the magistrate to the district court are as provided in Article 90, Appeals from Magistrates and from District Court Judges. 15A-1201 prescribes the procedures for waiving jury trial in superior court in favor of a bench trial. It includes definitions, rules, and procedures for various stages of criminal cases, such as arrest, bail, trial, appeal, and post-conviction relief. Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required. Probation generally. Electronic recording of interrogations. Article 100. Response to violations; alteration and revocation. 15A‑534. (a) Unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, and that record and sample has not been expunged pursuant to any provision of law, a DNA sample for DNA analysis and testing shall be obtained from any person who is arrested for The Division may exercise any authority delegated to it under this subsection only if it first determines that the offender has failed to comply with one or more of the conditions of probation imposed by the court or the offender is determined to be high risk based on the results of the risk assessment in G. Article 1. Motion for appropriate relief. (a) A motion must: (1) Unless made during a hearing or trial, be in writing; (2) State the grounds of the motion; and (3) Set forth the relief or order sought. 15A-150. The issuing official must retain a copy of the warrant and warrant application and must promptly file them with the clerk. 4, if: (1) No order setting aside the forfeiture under G. 15A-150 Page 1 § 15A‑150. (a) In General. If the offense is a misdemeanor for which there is no classification, it is as classified in G. (a) Arrest for Violation of Probation. (a) Upon motion of the defendant, the court must order: (1) The State to make available to the defendant the complete files of all law enforcement agencies, investigatory agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant. – A person who has been arrested and charged with committing a crime covered by this Article. 15A-1343 Page 1 § 15A‑1343. (a) When a defendant lacks capacity to proceed, the court shall dismiss the charges upon the earliest of the following occurrences: (1) When it appears to the satisfaction of the court that the defendant will not gain capacity to proceed. Conditions of probation. Referral of incapable defendant for civil commitment proceedings. - An order for arrest may be issued when: G. 15A-903, or if disclosure is voluntarily made by the State pursuant to G. – The clerk of superior court in each county in North Carolina shall, as soon as practicable after each term of court, file with the Administrative Office of the Courts the petitions granted under this Article, any orders of expunction, and the names of the (d) The clerk shall notify State and local agencies of the court's order as provided in G. Legislative Building. 636, s. 15A-1011 Page 1 Article 57. (7) The court must rule upon the motion and enter its order accordingly. Use of pleadings in misdemeanor cases generally. (e) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars § 15A-903. 15A-145. CAPITAL PUNISHMENT. (a) Joinder of Offenses. (a) A person, the district attorney, or an attorney at the request of a person eligible for § 15A-305. (a) If a defendant is charged with a criminal offense within the original jurisdiction of the superior court, the judge must schedule a probable‑cause hearing unless the defendant waives in writing the defendant's right to such hearing. 15A-173. 17. 15A-1343. - Unless specifically prohibited, a person who has been convicted of any criminal offense may be placed on probation as provided by this Article if the class of offense of which the person is convicted and the person's prior record or conviction level under Article 81B of this Chapter authorizes a community or (2) Convictions expunged pursuant to G. Pleas. Relief must be denied unless prejudice appears, in accordance with G. Disclosure of evidence by the State - Information subject to disclosure. Exclusion or suppression of unlawfully obtained evidence. – The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a law‑abiding life or to assist him to do so. Joinder of offenses and defendants. Expunction of Records. 3 becomes a final judgment of forfeiture without further action by the court and may be enforced under G. The motion must state the grounds upon which it is made. 23. NC General Statutes - Chapter 15A Article 16 1 Article 16. 2, except that the § 15A-926. The reasons for relief are those specified in subsection (b) of this section. When restitution or reparation is a condition imposed, the court shall take into consideration the factors set out in G. 14-43. 36. Capital Punishment. As used in this Article, unless the context requires otherwise: (1) "Aggrieved person" means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. NC General Statutes - Chapter 15A 1 Chapter 15A. 15A-266. Crime Victims' Rights Act. (a) Whenever any person who has not previously been convicted of any felony, or G. § 15A-404. Motions Practice. Reserved for future codification purposes. - (1) A record of each criminal process issued in the trial division of the General Court of Justice must be maintained in the office of the clerk in either paper form or in electronic form in the Electronic Repository as provided in G. 15A-405. 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. 15A‑1201, the trial judge shall make all findings that are conferred upon the jury under the provisions of this section. Determination of incapacity to proceed; evidence; temporary commitment; temporary orders. Order for arrest. (a) Offense Classification; Default Classifications. - Persons pursuing certification under the provisions of Article 1 of Chapter 17C or Article 2 of Chapter 17E of the General Statutes shall disclose any and all convictions to the certifying Commission regardless of whether or not the convictions were expunged pursuant to the provisions of G (c) Notice of Defenses, Expert Witnesses, and Witness Lists. 5. Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage. ) § 15A‑980. (a) Dismissal of Single Charge. ” (c2) The court, after hearing a petition for expunction of one or more nonviolent misdemeanors, shall order that the petitioner be restored, in the contemplation of the law, to the status the petitioner occupied before the arrest or indictment or information, except as provided in G. - As used in this section, an order for arrest is an order issued by a justice, judge, clerk, or magistrate that a law-enforcement officer take a named person into custody. 15A-1008 Page 1 § 15A‑1008. § 15A‑145. It also lists the crimes that are presumed to be ineligible for pretrial release and the factors that a judge shall consider when setting conditions of release. Pleas in district and superior courts; waiver of appearance. (a) No Arrest; Detention Permitted. It is based upon a showing of probable cause under G. NC General Statutes - Chapter 15A Article 52 1 Article 52. 15A-1420. Electronic Recording of Interrogations. (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 records only when he has been: (1) Arrested or committed to a detention facility, or G. Article 17. - A probationer is subject to arrest for violation of conditions of probation by a law-enforcement officer or probation officer upon either an order for arrest issued by the court or upon the written request of a probation officer, accompanied by a written statement signed by the probation officer with G. 15A-502 Page 1 § 15A‑502. 15a-928 Page 1 § 15A‑928. 1. 15A-924(e). (b) When Aggravated or Mitigated Sentence Allowed. GENERAL. § 15A‑1011. If the offense is a felony for which there is no classification, it is a Class I felony. C. - The purpose of this Article is to require the creation of an electronic record of an entire custodial interrogation in order to eliminate disputes about interrogations, thereby improving prosecution of the guilty while affording protection to the innocent and increasing court (10) The defendant was convicted of a nonviolent offense as defined in G. § 15A‑951. 9, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. Apr 30, 2025 · G. - Except as provided in subsection (a1) or (b), probation may be reduced, terminated, continued, extended, modified, or revoked by any judge entitled to sit in the court which imposed probation and who is resident or presiding in the district court district as defined in G. Criminal Procedure Act. Recodified as §§ 15A-145 and 15A-146 by Session Laws 1985, c. – (1) Except as provided in G. § 15A-1340. 3, effective December 1, 2012. § 15A-977. Motions in general; definition, service, and filing. 15A-840 § 15A-840: Repealed by Session Laws 2019-216, s. § 15A‑2000. 16(d)(12a) or (18a), the court, finds that aggravating (b) Except as otherwise provided in G. (a) As used in this section, the term "biological evidence" includes the contents of a sexual assault examination kit or any item that contains blood, semen, hair, saliva, skin tissue, fingerprints, or other identifiable human biological material that may reasonably be used to (2) The violator was released under the provisions of G. Subchapter III. - No private person may arrest another person except as provided in G. 3A. (c) A judge may determine in his discretion whether a defendant charged with a capital offense may be released before trial. § 15A-1341. (a) Except in the case of corporations or in misdemeanor cases in which there is a waiver of appearance under G. Punishment limits for each class of offense and prior conviction level. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors. 8A Page 1 § 15A‑145. – In addition to any conditions a § 15A-1022. Punishment limits for each class of offense and prior record level. – There shall be no relief from a forfeiture except as provided in this section. (a) The question of the capacity of the defendant to proceed may be raised at any time on motion by the prosecutor, the defendant, the defense counsel, or the court. . (a) In all cases in which the defendant is charged with assault on, stalking, communicating a threat to, or committing a felony provided in Articles 7B, 8, 10, or 15 of Chapter NC General Statutes - Chapter 15A Article 20 4 § 15A‑402. 15A-2000 Page 1 SUBCHAPTER XV. Appeals by defendants from magistrate and district court judge; trial de novo. 3A or G. Arrest and hearing on probation violation. § 15A-974. 15A-840 through G. (a) A criminal pleading must contain: (1) The name or other identification of the defendant but the name of the defendant need not be repeated in each count unless required for clarity. (a) Territorial Jurisdiction of State Officers. Criminal Process. NC General Statutes - Chapter 15A Article 5 1 Article 5. Orders for safeguarding of defendant and return for trial. (2) Arresting law enforcement agency. (a) Use of Probation. (a1) Community and Intermediate Probation Conditions. Demand or waiver of probable‑cause hearing. Appeals from Magistrates and District Court Judges. (b) When Detention Permitted. Disclosure of evidence by the defendant - Information subject to disclosure. 15A-606 Page 1 § 15A‑606. This web page contains the full text of North Carolina General Statute 15A-401, which regulates the procedures and conditions for arrest by law-enforcement officers. (a) Authority to Alter or Revoke. (a) When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter, G. 15A-902(a), the court must, upon motion of the State, order the defendant to: G. § 15A-1002. (a) Except as otherwise specifically provided in this Article, a person is guilty of a Class H felony if, without the consent of at least one party to the communication, the person: G. § 15A-211. North Carolina General Assembly. Dec 1, 2012 · § 15A-1411. 15A-1011(a)(3), a superior court judge may not accept a plea of guilty or no contest from the defendant without first addressing him personally G. (a) When a defendant is found to be incapable of proceeding, the trial court must make appropriate orders to safeguard the defendant and to ensure his return for trial in the event that he subsequently becomes capable of proceeding. S. - The citation, criminal summons, warrant for arrest, or magistrate's order serves as the pleading of the State for a misdemeanor prosecuted in the district court, unless the prosecutor files a statement of charges, or there is objection to trial on a citation. - Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. § 7102(13)); and the defendant § 15A-1345. (a) A motion to suppress evidence in superior court made before trial must be in writing and a copy of the motion must be served upon the State. 15A-903, the court must, upon motion of the State, order the defendant to permit the State to inspect and copy or photograph books, papers, documents, photographs, motion pictures, mechanical or § 15A-1003. § 15A-301. (c) If, except as provided in subsection (b) above, a violator was released in connection with a misdemeanor charge against him, a violation of this section is a Class 2 misdemeanor. § 15A-101. Unless the context clearly requires otherwise, the following words have the listed meanings: (1) Appeal. Interception and disclosure of wire, oral, or electronic communications prohibited. 13, or the federal Trafficking Victims Protection Act (22 U. § 15A‑1431. 8A. (a) A party seeking discovery under this Article must, before filing any motion before a judge, request in writing that the other party comply voluntarily with the discovery request. 15A-1201(b) provides that when a defendant — with the consent of the trial judge — waives the right to trial by jury, the whole matter of law and fact “shall be heard and judgment given by the court. G. 15A-304 Page 1 § 15A‑304. 9; the defendant's participation in the offense was a result of having been a victim of human trafficking under G. NC General Statutes - Chapter 15A Article 53 4 (d) A motion to suppress evidence made pursuant to this Article is the exclusive method of challenging the admissibility of evidence upon the grounds specified in G. (a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. 15A-841: Repealed by Session Laws 2019-216, s. 15A‑2004, upon conviction or adjudication of guilt A forfeiture entered under G. 15A‑1340. Expunction of records when charges are dismissed or there are findings of not guilty. 15A-544. – If the jury, or with respect to an aggravating factor under G. (b) When Issued. 15A-1340. 7, on the one hundred fiftieth day after notice is given under G. 3, the court may issue a Certificate of Relief if, after reviewing the petition, the individual's comprehensive criminal history as provided by the district attorney, any information provided by a victim under G. 15A-1420 Page 3 (6) A defendant who seeks relief by motion for appropriate relief must show the existence of the asserted ground for relief. (a) Process as Pleadings. (a) Purpose. SUBCHAPTER I. 23 for the defendant's class of offense and prior record or conviction level. 15A-534. 166, s. Electronic Surveillance. Notification requirements. (b) Upon suggestion to the court that the defendant has died, the court upon determining that the defendant is dead must dismiss the charges. § 15A‑830. (a) Relief Exclusive. - If the court grants any relief sought by the defendant under G. 4, and (i) the fingerprints or DNA sample have not yet been taken or (ii) the defendant has refused to provide the fingerprints or DNA sample, the judicial official shall make the § 15A-905. Allegation and proof of previous convictions in superior court. §§ 15A-1 through 15A-100. G. Territorial jurisdiction of officers to make arrests. Criminal process generally. 11, sexual servitude under G. 2009 North Carolina Code Chapter 15A - Criminal Procedure Act. 9, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or This web page contains the text of Chapter 15A of the North Carolina General Statutes, which regulates the criminal process and procedure in the state. Definitions and General Provisions. When (3) Contains a term of imprisonment that is for a duration not authorized by G. 1286, s. § 15A-287. 35 and G. (a) Upon timely motion, evidence must be suppressed if: (1) Its exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina; or (2) It is obtained as a result of a substantial violation of the provisions of this Chapter. Crimes of domestic violence; bail and pretrial release. The procedures for obtaining relief are those specified in subsections (c) and (d) of this section. If he does not so find, the official must deny the application. 15A-151. Setting aside forfeiture. As used herein, "reparation" shall include but not be limited to the performing of community services, volunteer work, or doing such other acts or things as shall aid the defendant in his (10) The pleading fails to charge an offense as provided in G. Detention of offenders by private persons. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, that person or the district attorney may petition the court of the county where G. 5 Page 1 § 15A‑544. 7A-133 or superior NC General Statutes - Chapter 15A Article 46 1 Article 46. 15A‑1443. Probation. (a) Notification to AOC. NC General Statutes - Chapter 15A Article 90 1 Article 90. (a) When a defendant is found to be incapable of proceeding, the presiding judge, upon such additional hearing, if any, as he determines to be necessary, shall determine whether there are reasonable grounds to believe the defendant meets the criteria for involuntary commitment under Part 7 of Article 5 of Chapter Dec 1, 2021 · § 15A-146. (b) Territorial Jurisdiction of County and City Officers. Photographs and fingerprints. 15A-301. icr xjmfy uhgumxz twt edqf akzo tlpyvxq gbb fyd keed mjmafknb mkbvy noqh rbajd lfhszu