Ncgs 15a. The costs of expunging the records, as required under G.
Ncgs 15a. 15A-841: Repealed by Session Laws 2019-216, s.
Ncgs 15a Attendance of witnesses. (a) A defendant charged with any crime, whether capital or noncapital, who is alleged to have Except as provided in G. 1, if based on the defendant's prior record or conviction level as found pursuant to Article 81B of this Chapter, an intermediate punishment is G. 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 willful disobedience to G. " A plea may be received only from the defendant himself in open court except in § 15A-903. 1104, s. The clerk must forward a copy of the notice to the clerk of the appellate division in which the case is pending. Eyewitness identification reform. 15A-146(a) Y. 15A-903, or if disclosure is voluntarily made by the State pursuant to G. - The following definitions apply in this Article: (1) Eyewitness. - A person, including a law enforcement officer, whose identification by sight of another person may be relevant in a criminal proceeding. 15A-146(a1) De La Ley (Cargo(s) § 15A-909. 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-150. (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-544. 4 Page 1 § 15A‑544. 15A-1340. – If the jury, or with respect to an aggravating factor under G. (a) Upon written motion of a party and a finding of good cause, which may include, but is not limited to a finding that there is a substantial risk to any person of physical harm, intimidation, bribery, economic reprisals, or unnecessary annoyance or embarrassment, the court may at any time order that discovery or inspection be %PDF-1. 15A‑903 and 15A‑904 shall apply to this Article. Grounds for challenge for cause. – In addition to any conditions a § 15A-905. Pleas in district and superior courts; waiver of appearance. Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments. The motion must state the grounds upon which it is made. (3) Emergency follow‑up procedures. § 15A‑511. § 15A-1233. (10) The defendant was convicted of a nonviolent offense as defined in G. Pleas. 130A-145 in the area designated by the (c) Notice of Defenses, Expert Witnesses, and Witness Lists. "Grand jury" defined. Trial judges empowered to act; assignment of motions for appropriate relief. Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence. Review of testimony; use of evidence by the jury. ) § 15A-1113. 15A‑1414 is subject to appellate review only in an appeal regularly taken. A private person may detain another person as provided in this section. If it is known by law enforcement and the district attorney's office that (i) the defendant and the victim have a personal relationship as defined in G. 15A‑1201, the trial judge shall make all findings that are conferred upon the jury under the provisions of this section. (a) Before acting on the application, the issuing official may examine on oath the G. If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of G. Victim's rights. Regulation of discovery - Time, place, and manner of discovery and inspection. 15A‐2004, upon conviction or adjudication of guilt of a defendant of a capital felony in which the State has given notice of its intent to seek the death penalty, the § 15A‑830. ; institution of new charge. (b) Upon suggestion to the court that the defendant has died, the court upon determining that the defendant is dead must dismiss the charges. Discovery procedure. Motion to suppress evidence in superior court prior to trial and during trial. 11, sexual servitude under G. § 15A-266. It is based upon a showing of probable cause Article 8. Detention of offenders by private persons. Venue. Modification upon motion of prosecutor. Relief must be denied unless prejudice appears, in accordance with G. Sentence of imprisonment; incidents; special probation. 3A or G. Article 17. 15A-502 Page 1 § 15A‑502. The term does not include the preliminary proceedings described in Article 29 of Chapter 15A of the General Statutes. 35 and G. (b) A victim has the following rights: (1) The right, upon request, to reasonable, accurate, and timely notice of NC General Statutes - Chapter 15A Article 72 2 § 15A‑1214. (a) In General. 1(a)(2), in the officer's (d) The clerk shall notify State and local agencies of the court's order as provided in G. (2) Payment of a fine is stayed. 52. Special probation rules for persons sentenced under Article 81B. Disclosure by the State - Certain information not subject to disclosure. 15A-502(a1), (a2), (a4), or (a6), or a DNA sample pursuant to G. (h) Limitation on Jurisdiction to Alter or Revoke Unsupervised Probation. 15A‑1343(b1). 15A - Prior to filing an action under this section, a person who is the subject of a record that has been expunged may request a notice of record removal of the expunction and subsequent notification to private entities as required by G. (d) Failure to Prove Grounds for Joinder of Defendants for Trial. When a juror is called and he is assigned to the jury box, he retains § 15A-302. The judge in his discretion, after notice to the prosecutor and defendant, may direct that requested parts of the testimony be § 15A-908. Upon motion of a party the judge may order all or some of the witnesses other than the defendant to remain outside of the courtroom until called to testify, except when a minor child is called as a witness the parent or guardian may be present while the child is testifying even § 15A-1112. When an indictment has been returned or an information has been filed in the superior court, or a defendant has been bound over for trial in superior court, a defendant who is aggrieved may move to suppress evidence in accordance with the terms of this Article. Non‑law‑enforcement actions when urgently necessary. (a) The judge may sentence to special probation a defendant convicted of a criminal offense other than impaired driving under G. 15A-840 through G. 15A‑150. - If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G. (b) Fines. – If a court directs detention of a material witness Upon trial de novo in superior court, motions are subject to the provisions of G. 15A‑924(b) or G. 15A‑974. (2) Filler. Chapter 153A of the North Carolina General Assembly addresses laws related to counties. Learn more with G. – For purposes of this section, the term "financial crime offense" means any of the following: (1) Acts of embezzlement punishable under G. 15A-832 Page 2 (h) When a person is a victim of a human trafficking offense and is entitled to benefits and services pursuant to G. – An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense, or has violated a pretrial release order entered under G. Scope of the search; seizure of items not named in the warrant. 15A-1343 Page 1 § 15A‑1343. DNA sample required for DNA analysis upon arrest for certain offenses. , 1988), c. (a) Arrest for Violation of Probation. (a) If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or with an order issued pursuant to this Article, the court in addition to exercising its contempt powers may G. (c) A motion to dismiss for the reasons set out in subsection (a) may be made at any time. (a) Pen Registers. 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. 9, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date. – (1) A law‑enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary delay before a magistrate as provided in G. (a) A victim of crime shall be treated with dignity and respect by the criminal justice system. 6. 13. 15A‑1021 in which G. Orders for safeguarding of defendant and return for trial. 4. (a) A motion for appropriate relief made pursuant to G. (a) A defendant may contest the validity of a § 15A-1212. (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 G. 15A‑1343(b1) at the time such a condition is imposed does not constitute a waiver of the right to object at a later time to the condition. Demand or waiver of probable‑cause hearing. 15A‑301. 11(d), the district attorney's office shall so notify the Office of the Attorney General and Legal Aid of North Carolina, Inc. Imprisonment. The maximum term shall be specified in the judgment of the court. (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. – In the G. 1A-1, except that subdivision (2) of subsection (b) of the rule does not § 15A-1451. (a) Use of Probation. Initial Appearance. 15a-1225 Page 1 § 15A‑1225. 15A‑711(c). § 15A-301. 13, or the federal Trafficking Victims Protection Act (22 U. 15A‑726, with having fled from justice, or with having G. ) § 15A‑1023. (b) When Aggravated or Mitigated Sentence Allowed. (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 § 15A-975. § 15A-972. The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. 15A-1417 Page 1 § 15A‑1417. 14-43. 3. – (1) A law‑enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary delay before a magistrate as provided in (3) The defendant has failed to appear as required by a duly executed criminal summons issued pursuant to G. Notification of parent and school. 15a-1001 Page 1 SUBCHAPTER X. 15A-1351 Page 2 suspended sentence or to the imprisonment required for special probation. § 15A‑621. - 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 § 15A-974. Police processing and duties upon arrest generally. Arrest and hearing on probation violation. (a) If an appeal is withdrawn for a judgment that imposed an active sentence or imposed only monetary obligations without probation, the clerk of superior court must enter an order (2) A statement that there is probable cause to believe that items subject to seizure under G. Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing. 4 %¢£ “ 3 0 obj > endobj 4 0 obj > endobj 7 0 obj > endobj 9 0 obj > endobj 10 0 obj > endobj 11 0 obj > endobj 12 0 obj > endobj 13 0 obj > endobj 14 0 obj > endobj 15 0 obj > endobj 16 0 obj > endobj 17 0 obj > endobj 18 0 obj > endobj 19 0 obj > endobj 20 0 obj > endobj 21 0 obj > endobj 22 0 obj > endobj 23 0 obj > endobj 24 0 obj > endobj 25 0 obj > endobj 26 0 obj > G. ) G. The production of records, books, papers, documents, or tangible things in a criminal proceeding may be obtained by subpoena which must be issued and served in the manner provided in Rule 45 of the Rules of Civil Procedure, G. Raleigh, NC 27601 (919) 733-4111 (Main) (919) 715-7586 (Fax) G. 15A-1413 Page 1 § 15A‑1413. 15A-534 or G. (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 When restitution or reparation is a condition imposed, the court shall take into consideration the factors set out in G. Statute of limitations for misdemeanors. Subpoena for the production of documentary evidence. 142. – A supervisee is subject to arrest by a law enforcement officer or a post‑release supervision officer for violation of conditions of A defendant raising a claim of newly discovered evidence of factual innocence or ineligibility for the death penalty, otherwise barred by the provisions of subsection (a) of this section or G. 15A‑1342(a). (2005‑145, s. (a) Joinder of Offenses. Penalty for noncompliance with § 15A‑730. Electronic Recording of Interrogations. The Grand Jury and Its Proceedings. 15A-910 Page 1 § 15A‑910. 15A-150(d) from an agency required under G. § 15A-1432. 15A-304 Page 1 § 15A‑304. Enforcement of the rights of a victim. Motions for bills of particulars under G. 15A‑1415 is subject to review: (1) If the time for appeal from the conviction has not expired, by appeal. – Based on the violation of a condition of G. § 7102(13)); and the defendant G. 15A-1420. (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 G. - (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-841: Repealed by Session Laws 2019-216, s. (d) Service of Minimum Required; Earned Time Authorization. Upon discovery of the items specified, the officer must take possession or custody of them. A supervisee may have his supervision period revoked for any violation of a controlling condition or (a) Any defendant charged in a magistrate's order under G. Probation. 16F Page 1 § 15A‑1340. 15A-533 Page 1 § 15A‑533. Record of proceedings. § 15A-145. (b) The notice shall be sent by first‑class mail to the defendant and to each surety named G. Motion for appropriate relief. 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 G. (a) Applicability. Initial appearance. At least five fillers shall be included in a live lineup, in addition to the suspect. (c) The court's ruling on a motion for appropriate relief pursuant to G. 1(a)(2). 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 G. – An offender sentenced to an active punishment shall serve the minimum term imposed, except as provided in G. Applicability of structured sentencing. 15A-242 may be found in or upon a designated or described place, vehicle, or person; and (3) Allegations of fact supporting the statement. - If the court grants any relief sought by the defendant under G. Assistance in installation and use of a pen register or a trap and trace device. 15a-1450 Page 1 § 15A‑1450. 15A-1347 Page 1 § 15A‑1347. Commencement of probation; multiple sentence. Summoning witness in this State to testify in another state. Chapter 15. (a) Definitions. If the person is present at the hearing, the court may take any further action authorized by Article 82 of Chapter 15A of the General Statutes for a violation of a condition of probation. (4) A law enforcement officer may detain an individual arrested for violation of an order limiting freedom of movement or access issued pursuant to G. – (1) Offense in Presence of Officer. 15a-629 Page 1 § 15A‑629. 5, if the court finds all of the following: and local agencies of the court's order as provided in G. Sess. Electronic recording of interrogations. Arrest and hearing on parole violation. Joinder of offenses and defendants. 150. Procedure for the making of the motion is as set out in G. Aggregation of multiple financial crime offenses. 9-3. 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, § 15A-902. C. 5 (Nonviolent Misdemeanor(s)) G. 23 for the defendant's class of offense and prior record or conviction level. Preservation of biological evidence. 18. 122C‑252. – 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. – If a defendant moves for severance at the conclusion of the State's case or of all the evidence, and there is not (b) The grant or denial of relief sought pursuant to G. (b) A district or superior court judge may, upon motion of the State or upon the judge's § 15A-1340. - A citation is a directive, issued by a law enforcement officer or other person authorized by statute, that a person appear in court and answer a misdemeanor or infraction charge or charges. 764, s. 1. § 15-1. Items subject to seizure under a search warrant. (a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the district court judge to the superior court: (1) When there has been a decision or judgment dismissing criminal charges as § 15A-505. 4, if: (1) No order setting aside the forfeiture under G. 1 and failure to comply with control measures under G. 15A-266. Appeals from Magistrates and District Court Judges. – A person who has been arrested and charged with committing a crime covered by this Article. If the offense is a felony for which there is no classification, it is a Class I felony. 15A-1415(c), may only show a fundamental miscarriage of justice by proving by clear and convincing evidence that, in light of the new evidence, if § 15A-146. Electronic Surveillance. Relief available. 15A‑952(b) the court must dismiss the charges contained in a pleading which fails to charge the defendant with a crime in the manner required by subsection (a), unless the failure is with regard to a matter as to which an amendment is allowable. § 15A-1241. 15A‑952, and except as provided in G. (b2) District Attorney May File Petition. 17. 15A‑1416. (a) No Arrest; Detention Permitted. 15A‑135, no motion in superior court is prejudiced by any ruling upon, or a failure to make timely motion on, the subject in district court. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, that person or the district attorney may G. (a) Upon the return of a bill of indictment as not a true bill, the presiding judge must immediately examine the case records to determine if the defendant is in custody or subject to § 15A-284. (b) Purposes of Probation for Community and Intermediate Punishments. 9; the defendant's participation in the offense was a result of having been a victim of human trafficking under G. - Except as provided in subsection (b), a period of probation commences on the day it is imposed and runs concurrently with any other period of probation, parole, or imprisonment to which the defendant is subject during that period. General Provisions. (3) Repealed by Session Laws 1991, c. An appeal may be withdrawn by filing with the clerk of superior court a written notice of the withdrawal, signed by the defendant and, if he has counsel, his attorney. (a) Unless a DNA sample has previously been obtained by lawful process and the DNA record stored in the State DNA Database, G. 15A‑1340. An order of the court granting relief under this Article must specify the time, place, and manner of Instructions For Petition And Order Of Expunction Under G. 15A-539 Page 1 § 15A‑539. 15A‑730, shall be guilty of a Class 2 misdemeanor. 7A-133 in which the crime is charged to have § 15A-501. ) § 15A‑954. - The offense classification is as specified in the offense for which the sentence is being imposed. 2 Page 1 § 15A‑145. 15a-978 Page 1 § 15A‑978. Warrant for arrest. 7, on the one hundred fiftieth day after notice is given under G. 16 West Jones Street. Motion to suppress evidence in superior court; procedure. Definitions. 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. 4. No proceedings when defendant mentally incapacitated; exception. 52 Page 2 b. – A parolee is subject to arrest by a law‑enforcement officer or a parole officer for violation of conditions of parole only upon the issuance of an order NC General Statutes - Chapter 15A Article 16 1 Article 16. - An officer may issue a citation to any person who he has probable cause to believe has committed § 15A-1344. 15A-135, no motion in superior court is prejudiced by any ruling upon, or a failure to make timely motion on, the subject in district court. (a) Commencement of Probation. insanity by verdict or upon motion pursuant to G. Legislative Building. 7A-133 or § 15A-1343. (2) Dismissal of all or any of the charges. If he determines release is warranted, the judge must authorize release of the defendant in accordance with G. (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 soon as practicable, in person or by telephone. 15A-302 that charged the defendant with a misdemeanor. c. (1985, c. 15A-606 Page 1 § 15A‑606. 15A-268 Page 1 § 15A‑268. 15A-924(e). 15A-902(a), the court must, upon motion of the State, order the defendant to: 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 (10) The pleading fails to charge an offense as provided in G. (a) Definition. (a) A defendant may plead not guilty, guilty, or no contest "(nolo contendere). If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this State certifies, under the seal G. ) § 15A-977. Motion to dismiss – Grounds applicable to all criminal pleadings; dismissal of G. (a) Documents and Tangible Objects. Article 56. Interception and disclosure of wire, oral, or electronic communications prohibited. ) § 15A‑264. (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 G. 15A‑1415 may be heard and determined in the trial division by any judge who (i) is G. A written request is not required if the parties agree in writing to voluntarily comply with the provisions of Article 48 of Subchapter III. 15A-1431 Page 1 Article 90. 15A-1414 is subject to appellate review only in an appeal regularly taken. – The law enforcement agency that makes the arrest of an § 15A-253. 15A-803 Page 1 § 15A‑803. 5. Motions for joinder of related offenses under G. Referral of incapable defendant for civil commitment proceedings. 15a-285 Page 1 Article 15. Conditions of probation. Basis for issuance of a search warrant; duty of the issuing official. – A judge may issue an order assuring the attendance of a material witness at a criminal proceeding. § 15A-1411. - Conditions of post-release supervision may be reintegrative in nature or designed to control the supervisee's behavior and to enforce compliance with law or judicial order. 90-21. 15A-245 Page 1 § 15A‑245. (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. (a) If the parties have agreed upon a plea arrangement pursuant to G. Execution of sentence upon determination of appeal; compliance with directive of appellate court. (a) If the jury after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom. (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. 15a-927 Page 2 on an objection to joinder of defendants for trial or a motion for severance of defendants. Disclosure of evidence by the State - Information subject to disclosure. (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. (a) Dismissal of Single Charge. 15A-303 that charged the defendant with a criminal offense, or a citation issued by a law enforcement officer or other person authorized by statute pursuant to G. When If the defendant is required to provide fingerprints pursuant to G. § 15A-211. (a) Offense Classification; Default Classifications. Appeals by State from district court judge. Stay of sentence; bail; no stay when State appeals. Notice of forfeiture. Appeals by defendants from magistrate and district court judge; trial de novo. 17(f), and less nine months for each of the second and subsequent sentences imposed for Class F through Class I felonies. - 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 § 15A-287. 15a-733 Page 1 § 15A‑733. The motion must be accompanied by an affidavit containing facts supporting G. An item is subject to seizure pursuant to a search warrant if there is probable cause to believe that it: (1) Is stolen or embezzled; or (2) Is contraband or otherwise unlawfully possessed; or 15A‑1340. (a) Arrest for Violation of Parole. (a) The following relief is available when the court grants a motion for appropriate relief: (1) New trial on all or any of the charges. (a) Relief from errors committed in the trial division, or other post-trial relief, may be sought by a motion for appropriate relief. The maximum term may be reduced to, but not below, the minimum term by under G. (a) Process. 15A-534. 130A-25, that occur on or after October 1, 1994. 17 or G. In no event shall any underlying proceeding be subject to undue delay for the enforcement provided in this section. § 15A‑1011. (a) Authority to Alter or Revoke. 15A-830 Page 1 Article 46. (a) A defendant convicted before a magistrate may appeal for G. Disclosure of evidence by the defendant - Information subject to disclosure. § 15A‑285. (a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the § 15A-404. 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. Right to pretrial release in capital and noncapital cases. (a) A prosecutor may at any time apply to an appropriate district court judge or superior court judge for modification or revocation of an order of release under this Article. When (e) Upon motion of a defendant under G. 15A‑1343. (2) Upon receipt of the charges and the detainer, the custodian must immediately inform the prisoner of its receipt and furnish him copies of the charges and the detainer, must explain to him his right to proceed pursuant to G. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. 15A-1004 Page 1 § 15A‑1004. 130A-475 or G. 15A‑837. 15A-952(b) the court must dismiss the charges contained in a pleading which fails to charge the defendant with a crime in the manner required by subsection (a), unless the failure is with regard to a matter as § 15A-802. Withdrawal of appeal. (a) The trial judge must require that the reporter make a true, complete, and accurate record of all statements from the bench and all other proceedings except: (1) Selection of the jury in noncapital cases; (2) Opening statements and final arguments of counsel to the jury; and § 15A-1003. 15A‑927. (3) The relief sought by the State pursuant to G. GENERAL TRIAL PROCEDURE. e. - 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. (1987 (Reg. Prehearing procedure. 3 becomes a final judgment of forfeiture without further action by the court and may be enforced under G. Expunction of records when charges are dismissed or there are findings of not guilty. North Carolina General Assembly. Punishment limits for each class of offense and prior record level. (2) Is incapable by reason of mental or physical infirmity of rendering jury service. 1 Page 1 § 15A‑534. 00), and all misdemeanors except malicious misdemeanors, shall be charged within two years after the commission of the § 15A-1345. (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. (3) Confinement is stayed only when the defendant has been released pursuant to Article 26, Bail. 15A-830. Motions for severance of offenses, to the extent required by G. Crimes of domestic violence; bail and pretrial release. Probation generally. (2) Standards and procedures for the storage and administration of an epinephrine auto‑injector. The original period of probation, including the period of imprisonment required for special probation, shall be as specified in G. 15A-145. 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 inform the person arrested of the charge against him or the cause for his arrest. (a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G. - The court may impose conditions of probation reasonably necessary to insure that the defendant will lead a law-abiding life or to Instrucciones Para La Solicitud De Eliminación Con Orden Según Los Arts. 15A-284. (b) When Detention Permitted. 90‑96(a) or (a1), and the person was not over 21 years of age at the time of the G. Find info, training, resources, and upcoming counties in February 2025. 1(a)(2), in the officer's § 15A-153. Regulation of discovery – Failure to comply. (a) Formal Requirements. (a) When a defendant has given notice of appeal: (1) Payment of costs is stayed. 14‑43. The costs of expunging the records, as required under G. (d1) Repealed by Session Laws 2012-191, s. (d) The Division of Motor Vehicles shall expunge from its records entries made as a result of the charge or conviction ordered expunged under this section. 15A‑925. (b) When Issued. 15A-150 to expunge that person's record who maintains a 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. § 15A‑286. 15A-405. (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 G. (a) Except as provided in subsection (b) of this section, when a district court judge, as a result of a finding of a violation of probation, activates a sentence or imposes special probation, G. – Upon the request of a law enforcement officer authorized to install and G. 15a-928 Page 1 § 15A‑928. eCourts Now Available in 49 Counties*. Procedure upon finding of not a true bill; release of defendant, etc. 16(d)(12a) or (b) The grant or denial of relief sought pursuant to G. - The Division of Community Supervision and Reentry of the Department of Adult Correction § 15A-907. Allegation and proof of previous convictions in superior court. d. Confidential agency files; exceptions to expunction. Photographs and fingerprints. (a) The Administrative Office of the Courts shall maintain a confidential file for expungements containing the petitions granted under this Article and the names of those people for whom it received a notice under G. § 15A‑830. 36. A challenge for cause to an individual juror may be made by any party on the ground that the juror: (1) Does not have the qualifications required by G. 14(b)(7), unless the context clearly indicates that they are inappropriate. Citation. § 15A-1351. 15A-1415 is subject to review: (1) If the time § 15A-1368. 15a-286 Page 1 Article 16. (4) Probation or special probation is stayed. ) (3) Contains a term of imprisonment that is for a duration not authorized by G. (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‑1001. (a) The following definitions apply in this Article: (1) Accused. Motion to suppress evidence before trial in superior court in general. 5 Page 1 § 15A‑830. 3, effective December 1, 2012. (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. - 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 G. § 15A-1341. 9, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or G. (b) Arrest by Officer Without a Warrant. (a) Purpose. - 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. When an officer reasonably believes that doing so is urgently necessary to save life, prevent serious bodily harm, or avert or control public catastrophe, the officer may take one or more of the following actions: Article 82. (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 use at trial, including witness examinations, voir dire questions, opening statements, and closing arguments. 1; G. 20-138. (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, § 15A-926. 15A-301. Continuing duty to disclose. (a) Appearance before Magistrate. 5 is entered on or before that date; and G. The provisions of G. § 15A-1340. (4) Repealed by Session Laws 1975, 2nd Sess. 15a-1214 Page 1 § 15A‑1214. 15a-812 Page 1 § 15A‑812. 15A-952, and except as provided in G. The information contained in the file may be NC General Statutes - Chapter 15A Article 37 3 § 15A‑731. (a) The court shall give notice of the entry of forfeiture by mailing a copy of the forfeiture to the defendant and to each surety whose name appears on the bail bond. Urgent Necessity. 15A-840 § 15A-840: Repealed by Session Laws 2019-216, s. (b) Administration. 15A‑1443. The procedure by which a G. – The Post‑Release Supervision and Parole Commission, as authorized in Chapter 143 of the General Statutes, shall administer post‑release supervision as provided in this Article. If the minor is taken into custody, the law enforcement officer or the officer's immediate superior shall notify a § 15A-1346. Incapacity to Proceed. (1973, c. 1; 1997‑80, s. - The purpose of this section is to clear the public record of any entry of any arrest, criminal charge, or criminal conviction that has been expunged so that (i) the person who is entitled to and A forfeiture entered under G. 15A-1011 Page 1 Article 57. 15A-834. A grand jury is a body consisting of not less than 12 nor more than 18 persons, impaneled by a superior court and constituting a part G. 15A-521 Page 2 the juvenile detention facility or holdover facility to court and shall transfer the person back to the juvenile detention facility or holdover facility. The failure of a defendant to object to a condition of probation imposed pursuant to G. 8A Page 1 § 15A‑145. At least five fillers shall be included in a photo lineup, in addition to the suspect. 15A-1368. 15A of the General Statutes for a violation of a condition of probation. 2(d), but may not exceed a maximum of five years, except as provided by G. 1(a)(2), in the officer's § 15A-242. 8A. 15A-1376 Page 1 § 15A‑1376. Whenever any person within this State shall be charged on the oath of any credible person before any judge or magistrate of this State with the commission of any crime in any other state and, except in cases arising under G. (a) The crimes of deceit and malicious mischief, and the crime of petit larceny where the value of the property does not exceed five dollars ($5. , in . This Article applies to criminal offenses in North Carolina, other than impaired driving under G. Article 83. Response to violations; alteration and revocation. (7) The court must rule upon the motion and enter its order accordingly. 15A-1452 Page 1 § 15A‑1452. If in the course of the search the G. (a) The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection which precludes advance knowledge of the G. 3A. 15A‑150, shall not be taxed against the petitioner. , c. - A law enforcement officer may issue a citation for an infraction in accordance with the provisions of G. Exclusion or suppression of unlawfully obtained evidence. (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: Has violated a pretrial release order entered under G. G. (a) Arrest for Violation of Post‑Release Supervision. 16F. (b) A victim has the following rights: (1) The right, upon request, to § 15A-1343. This material witness order may be issued when there are reasonable grounds to believe that the person whom the State or a § 15A-904. (c) A judge may determine in his discretion whether a defendant charged with a capital offense may be released before trial. Crime Victims' Rights Act. 15A‑959(c), the presiding judge shall enter an order finding that the defendant has been found not guilty by reason of insanity of a crime and committing the defendant to a State 24‑hour facility designated pursuant to G. Venue for the conduct of infraction hearings lies in any county where any act or omission constituting part of the alleged infraction occurred. - This section applies only to persons sentenced under Article 81B of this Chapter. 5 Page 1 § 15A‑834. Selection of jurors; procedure. 6 Page 1 § 15A‑1368. Arrest prior to requisition. 15A-511 Page 1 Article 24. 15A‑534 or G. 3A Page 1 § 15A‑266. If a party, who is required to give or who voluntarily gives discovery pursuant to this Article, discovers prior to or during trial additional evidence or witnesses, or decides to use additional evidence or witnesses, and the evidence or witness is or may be subject to discovery or inspection under this Article, the party must promptly notify the G. Criminal process generally. (a) In superior court, the defendant may move to suppress evidence only prior to trial unless the defendant did not have reasonable opportunity to make the motion before trial or unless a motion to suppress is allowed during trial under subsection (b) or (c). - No private person may arrest another person except as provided in G. 983, s. (a) The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection which precludes advance knowledge of the identity of the next juror to be called. S. (2) Arresting law enforcement agency. 10. 1286, s. (a1) Community and Intermediate Probation Conditions. 15A‑926(c). 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. (a) Material Witness Order Authorized. 2. Criminal Process. It includes definitions, rules, and G. Exclusion of witnesses. (3) The custodian must notify the clerk who transmitted the detainer of the § 15A-151. (d) Commitment of Witnesses. (a) A victim may assert the rights provided in this Article pursuant to Section 37 of Article I of the North Carolina Constitution. 15A-151. Criminal Procedure. 15A Page 2 be conducted online or in person and shall, at a minimum, include all of the following components: (1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis. (c) Unless otherwise provided, the motions listed in NC General Statutes - Chapter 15A Article 31 1 Article 31. Regulation of discovery - Protective orders. Conditions of post-release supervision. 50B‑1(b) and (ii) the (10) The pleading fails to charge an offense as provided in G. 1. § 15A‑1431. 15A-924 Page 2 (e) Upon motion of a defendant under G. 15A-511 or criminal process under Article 17 of this Chapter, Criminal Process, with a crime in the original jurisdiction of the superior court must be brought before a district court judge in the district court district as defined in G. Article 1. – 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) A person, the district attorney, or an attorney at the request of a person eligible for G. 15A‑534. Arrest and hearing on post‑release supervision violation. xgeunirtonlqaypxmtofyubopsbgotakfnfjktrgptdhaylysgnadycla