Chapter 15A
536 published sections.
Article 1 - Definitions and General Provisions
- N.C.G.S. § 15A-101 — Definitions.
- N.C.G.S. § 15A-101.1 — Electronic technology in criminal process and procedure.
Article 3 - Venue
- N.C.G.S. § 15A-131 — Venue generally.
- N.C.G.S. § 15A-132 — Concurrent venue.
- N.C.G.S. § 15A-133 — Waiver of venue; motion for change of venue; indictment may be returned in other county.
- N.C.G.S. § 15A-134 — Offense occurring in part outside North Carolina.
- N.C.G.S. § 15A-135 — Allegation of venue conclusive in absence of timely motion.
- N.C.G.S. § 15A-136 — Venue for sexual offenses.
Article 4 - Entry and Withdrawal of Attorney in Criminal Case
- N.C.G.S. § 15A-141 — When entry of attorney in criminal proceeding occurs.
- N.C.G.S. § 15A-142 — Requirement that clerk record entry.
- N.C.G.S. § 15A-143 — Attorney making general entry obligated to represent defendant at all subsequent stages.
- N.C.G.S. § 15A-144 — Withdrawal of attorney with permission of court.
Article 5 - Expunction of Records
- N.C.G.S. § 15A-145 — Expunction of misdemeanors of first offenders under the age of 18 and of underage persons possessing alcohol.
- N.C.G.S. § 15A-145.1 — Expunction of records for first offenders under the age of 18 at the time of commission of certain gang offenses.
- N.C.G.S. § 15A-145.2 — Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses.
- N.C.G.S. § 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.
- N.C.G.S. § 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.
- N.C.G.S. § 15A-145.5 — Expunction of certain misdemeanors and felonies; no age limitation.
- N.C.G.S. § 15A-145.6 — Expunctions for certain defendants convicted of prostitution.
- N.C.G.S. § 15A-145.7 — Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses.
- N.C.G.S. § 15A-145.8 — Expunction of records when charges are remanded to district court for juvenile adjudication.
- N.C.G.S. § 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.
- N.C.G.S. § 15A-145.9 — Expunctions of certain offenses committed by human trafficking victims.
- N.C.G.S. § 15A-146 — Expunction of records when charges are dismissed or there are findings of not guilty.
- N.C.G.S. § 15A-147 — Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity.
- N.C.G.S. § 15A-148 — Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.
- N.C.G.S. § 15A-149 — Expunction of records when pardon of innocence is granted.
- N.C.G.S. § 15A-150 — Notification requirements.
- N.C.G.S. § 15A-151 — Confidential agency files; exceptions to expunction.
- N.C.G.S. § 15A-151.5 — Prosecutor access to expunged files.
- N.C.G.S. § 15A-152 — Civil liability for dissemination of certain criminal history information.
- N.C.G.S. § 15A-153 — Effect of expunction; prohibited practices by employers, educational institutions, agencies of State and local governments.
- N.C.G.S. § 15A-160 — Reporting requirement.
Article 6 - Certification of Relief
- N.C.G.S. § 15A-173.1 — Definitions.
- N.C.G.S. § 15A-173.2 — Certificate of Relief.
- N.C.G.S. § 15A-173.3 — Collateral sanctions not subject to order of limited relief or Certificate of Relief.
- N.C.G.S. § 15A-173.4 — Issuance, modification, and revocation of Certificate of Relief by the court.
- N.C.G.S. § 15A-173.5 — Reliance on order or Certificate of Relief as evidence of due care.
- N.C.G.S. § 15A-173.6 — Victim's rights.
Article 8 - Electronic Recording of Interrogations
- N.C.G.S. § 15A-211 — Electronic recording of interrogations.
Article 8A - SBI and State Crime Laboratory Access to View and Analyze Recordings
- N.C.G.S. § 15A-220 — SBI and State Crime Laboratory access to view and analyze recordings.
Article 9 - Search and Seizure by Consent
- N.C.G.S. § 15A-221 — General authorization; definition of "consent".
- N.C.G.S. § 15A-222 — Person from whom effective consent may be obtained.
- N.C.G.S. § 15A-223 — Permissible scope of consent search and seizure.
Article 10 - Other Searches and Seizures
- N.C.G.S. § 15A-231 — Other searches and seizures.
Article 11 - Search Warrants
- N.C.G.S. § 15A-241 — Definition of search warrant.
- N.C.G.S. § 15A-242 — Items subject to seizure under a search warrant.
- N.C.G.S. § 15A-243 — Who may issue a search warrant.
- N.C.G.S. § 15A-244 — Contents of the application for a search warrant.
- N.C.G.S. § 15A-245 — Basis for issuance of a search warrant; duty of the issuing official.
- N.C.G.S. § 15A-246 — Form and content of the search warrant.
- N.C.G.S. § 15A-247 — Who may execute a search warrant.
- N.C.G.S. § 15A-248 — Time of execution of a search warrant.
- N.C.G.S. § 15A-249 — Officer to give notice of identity and purpose.
- N.C.G.S. § 15A-251 — Entry by force.
- N.C.G.S. § 15A-252 — Service of a search warrant.
- N.C.G.S. § 15A-253 — Scope of the search; seizure of items not named in the warrant.
- N.C.G.S. § 15A-254 — List of items seized.
- N.C.G.S. § 15A-255 — Frisk of persons present in premises or vehicle to be searched.
- N.C.G.S. § 15A-256 — Detention and search of persons present in private premises or vehicle to be searched.
- N.C.G.S. § 15A-257 — Return of the executed warrant.
- N.C.G.S. § 15A-258 — Disposition of seized property.
- N.C.G.S. § 15A-259 — Application of Article to all warrants; exception as to inspection warrants and special riot situations.
Article 12 - Pen Registers; Trap and Trace Devices
- N.C.G.S. § 15A-260 — Definitions.
- N.C.G.S. § 15A-261 — Prohibition and exceptions.
- N.C.G.S. § 15A-262 — Application for order for pen register or trap and trace device.
- N.C.G.S. § 15A-263 — Issuance of order for pen register or trap and trace device.
- N.C.G.S. § 15A-264 — Assistance in installation and use of a pen register or a trap and trace device.
Article 13 - DNA Database and Databank
- N.C.G.S. § 15A-266 — Short title.
- N.C.G.S. § 15A-266.1 — Policy.
- N.C.G.S. § 15A-266.2 — Definitions.
- N.C.G.S. § 15A-266.3 — Establishment of State DNA database and databank.
- N.C.G.S. § 15A-266.3A — DNA sample required for DNA analysis upon arrest for certain offenses.
- N.C.G.S. § 15A-266.4 — DNA sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity.
- N.C.G.S. § 15A-266.5 — Tests to be performed on DNA sample.
- N.C.G.S. § 15A-266.5A — Statewide sexual assault examination kit testing protocol.
- N.C.G.S. § 15A-266.6 — Procedures for obtaining DNA sample for analysis; refusal to provide sample.
- N.C.G.S. § 15A-266.7 — Procedures for conducting DNA analysis of DNA sample.
- N.C.G.S. § 15A-266.8 — DNA database exchange.
- N.C.G.S. § 15A-266.9 — Cancellation of authority to exchange DNA records.
- N.C.G.S. § 15A-266.11 — Unauthorized uses of DNA Databank; penalties.
- N.C.G.S. § 15A-266.12 — Confidentiality of records.
- N.C.G.S. § 15A-267 — Access to DNA samples from crime scene.
- N.C.G.S. § 15A-268 — Preservation of biological evidence.
- N.C.G.S. § 15A-269 — Request for postconviction DNA testing.
- N.C.G.S. § 15A-270 — Post-test procedures.
- N.C.G.S. § 15A-270.1 — Right to appeal denial of defendant's motion for DNA testing.
Article 14 - Nontestimonial Identification
- N.C.G.S. § 15A-271 — Authority to issue order.
- N.C.G.S. § 15A-272 — Time of application; additional investigative procedures not precluded.
- N.C.G.S. § 15A-273 — Basis for order.
- N.C.G.S. § 15A-274 — Issuance of order.
- N.C.G.S. § 15A-275 — Modification of order.
- N.C.G.S. § 15A-276 — Failure to appear.
- N.C.G.S. § 15A-277 — Service of order.
- N.C.G.S. § 15A-278 — Contents of order.
- N.C.G.S. § 15A-279 — Implementation of order.
- N.C.G.S. § 15A-280 — Return.
- N.C.G.S. § 15A-281 — Nontestimonial identification order at request of defendant.
- N.C.G.S. § 15A-282 — Copy of results to person involved.
Article 14A - Eyewitness Identification Reform Act
- N.C.G.S. § 15A-284.50 — Short title.
- N.C.G.S. § 15A-284.51 — Purpose.
- N.C.G.S. § 15A-284.52 — Eyewitness identification reform.
- N.C.G.S. § 15A-284.53 — Training of law enforcement officers.
Article 15 - Urgent Necessity
- N.C.G.S. § 15A-285 — Non-law-enforcement actions when urgently necessary.
Article 16 - Electronic Surveillance
- N.C.G.S. § 15A-286 — Definitions.
- N.C.G.S. § 15A-287 — Interception and disclosure of wire, oral, or electronic communications prohibited.
- N.C.G.S. § 15A-288 — Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited.
- N.C.G.S. § 15A-289 — Confiscation of wire, oral, or electronic communication interception devices.
- N.C.G.S. § 15A-290 — Offenses for which orders for electronic surveillance may be granted.
- N.C.G.S. § 15A-291 — Application for electronic surveillance order; judicial review panel.
- N.C.G.S. § 15A-292 — Request for application for electronic surveillance order.
- N.C.G.S. § 15A-293 — Issuance of order for electronic surveillance; procedures for implementation.
- N.C.G.S. § 15A-294 — Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
- N.C.G.S. § 15A-295 — Reports concerning intercepted wire, oral, or electronic communications.
- N.C.G.S. § 15A-296 — Recovery of civil damages authorized.
- N.C.G.S. § 15A-297 — Conformity to provisions of federal law.
- N.C.G.S. § 15A-298 — Subpoena authority.
Article 16A - Discontinuation of Telecommunications Services
- N.C.G.S. § 15A-299 — Discontinuation of telecommunications services used for unlawful purposes.
Article 16B - Use of Unmanned Aircraft Systems
- N.C.G.S. § 15A-300.1 — Restrictions on use of unmanned aircraft systems.
- N.C.G.S. § 15A-300.2 — Regulation of launch and recovery sites.
- N.C.G.S. § 15A-300.3 — Use of an unmanned aircraft system near a confinement or correctional facility prohibited.
- N.C.G.S. § 15A-300.4 — Use of an unmanned aircraft system near a forest fire prohibited.
Article 17 - Criminal Process
- N.C.G.S. § 15A-301 — Criminal process generally.
- N.C.G.S. § 15A-301.1 — Electronic Repository.
- N.C.G.S. § 15A-302 — Citation.
- N.C.G.S. § 15A-303 — Criminal summons.
- N.C.G.S. § 15A-304 — Warrant for arrest.
- N.C.G.S. § 15A-305 — Order for arrest.
Article 18 - Identification Documents
- N.C.G.S. § 15A-311 — Consulate documents not acceptable as identification.
Article 20 - Arrest
- N.C.G.S. § 15A-401 — Arrest by law-enforcement officer.
- N.C.G.S. § 15A-402 — Territorial jurisdiction of officers to make arrests.
- N.C.G.S. § 15A-403 — Arrest by officers from other states.
- N.C.G.S. § 15A-404 — Detention of offenders by private persons.
- N.C.G.S. § 15A-405 — Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons.
- N.C.G.S. § 15A-406 — Assistance by federal officers.
Article 23 - Police Processing and Duties upon Arrest
- N.C.G.S. § 15A-501 — Police processing and duties upon arrest generally.
- N.C.G.S. § 15A-502 — Photographs and fingerprints.
- N.C.G.S. § 15A-502.1 — DNA sample upon arrest.
- N.C.G.S. § 15A-503 — Police assistance to persons arrested while unconscious or semiconscious.
- N.C.G.S. § 15A-504 — Return of released person.
- N.C.G.S. § 15A-505 — Notification of parent and school.
Article 24 - Initial Appearance
- N.C.G.S. § 15A-511 — Initial appearance.
Article 25 - Commitment
- N.C.G.S. § 15A-521 — Commitment to detention facility pending trial.
Article 26 - Bail
- N.C.G.S. § 15A-531 — Definitions.
- N.C.G.S. § 15A-532 — Persons authorized to determine conditions for release.
- N.C.G.S. § 15A-533 — Right to pretrial release in capital and noncapital cases.
- N.C.G.S. § 15A-534 — Procedure for determining conditions of pretrial release.
- N.C.G.S. § 15A-534.1 — Crimes of domestic violence; bail and pretrial release.
- N.C.G.S. § 15A-534.2 — Detention of impaired drivers.
- N.C.G.S. § 15A-534.3 — Detention for communicable diseases.
- N.C.G.S. § 15A-534.4 — Sex offenses and crimes of violence against child victims: bail and pretrial release.
- N.C.G.S. § 15A-534.5 — Detention to protect public health.
- N.C.G.S. § 15A-534.6 — Bail in cases of manufacture of methamphetamine.
- N.C.G.S. § 15A-534.7 — Communicating a threat of mass violence; bail and pretrial release.
- N.C.G.S. § 15A-534.8 — Rioting or looting; bail and pretrial release.
- N.C.G.S. § 15A-534.9 — Threats against public officers; bail and pretrial release.
- N.C.G.S. § 15A-535 — Issuance of policies on pretrial release.
- N.C.G.S. § 15A-536 — Release after conviction in the superior court.
- N.C.G.S. § 15A-537 — Persons authorized to effect release.
- N.C.G.S. § 15A-538 — Modification of order on motion of person detained; substitution of surety.
- N.C.G.S. § 15A-539 — Modification upon motion of prosecutor.
- N.C.G.S. § 15A-540 — Surrender of a defendant by a surety; setting new conditions of release.
- N.C.G.S. § 15A-541 — Persons prohibited from becoming surety.
- N.C.G.S. § 15A-542 — False qualification by surety.
- N.C.G.S. § 15A-543 — Penalties for failure to appear.
- N.C.G.S. § 15A-544.1 — Forfeiture jurisdiction.
- N.C.G.S. § 15A-544.2 — Identifying information on bond.
- N.C.G.S. § 15A-544.3 — Entry of forfeiture.
- N.C.G.S. § 15A-544.4 — Notice of forfeiture.
- N.C.G.S. § 15A-544.5 — Setting aside forfeiture.
- N.C.G.S. § 15A-544.6 — Final judgment of forfeiture.
- N.C.G.S. § 15A-544.7 — Docketing and enforcement of final judgment of forfeiture.
- N.C.G.S. § 15A-544.8 — Relief from final judgment of forfeiture.
- N.C.G.S. § 15A-546 — Contempt.
- N.C.G.S. § 15A-547 — Right to habeas corpus.
- N.C.G.S. § 15A-547.1 — Remit bail bond if defendant sentenced to community or intermediate punishment.
Article 29 - First Appearance Before District Court Judge
- N.C.G.S. § 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.
- N.C.G.S. § 15A-602 — Warning of right against self-incrimination.
- N.C.G.S. § 15A-603 — Assuring defendant's right to counsel.
- N.C.G.S. § 15A-604 — Determination of sufficiency of charge.
- N.C.G.S. § 15A-605 — Additional proceedings at first appearance before judge.
- N.C.G.S. § 15A-606 — Demand or waiver of probable-cause hearing.
Article 30 - Probable-Cause Hearing
- N.C.G.S. § 15A-611 — Probable-cause hearing procedure.
- N.C.G.S. § 15A-612 — Disposition of charge on probable-cause hearing.
- N.C.G.S. § 15A-613 — Setting offense for trial in district court.
- N.C.G.S. § 15A-614 — Review of eligibility for pretrial release.
- N.C.G.S. § 15A-615 — Testing of certain persons for sexually transmitted infections.
Article 31 - The Grand Jury and Its Proceedings
- N.C.G.S. § 15A-621 — "Grand jury" defined.
- N.C.G.S. § 15A-622 — Formation and organization of grand juries; other preliminary matters.
- N.C.G.S. § 15A-623 — Grand jury proceedings and operation in general.
- N.C.G.S. § 15A-624 — Grand jury the judge of facts; judge the source of legal advice.
- N.C.G.S. § 15A-626 — Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge.
- N.C.G.S. § 15A-627 — Submission of bill of indictment to grand jury by prosecutor.
- N.C.G.S. § 15A-628 — Functions of grand jury; record to be kept by clerk.
- N.C.G.S. § 15A-629 — Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge.
- N.C.G.S. § 15A-630 — Notice to defendant of true bill of indictment.
- N.C.G.S. § 15A-631 — Grand jury venue.
Article 32 - Indictment and Related Instruments
- N.C.G.S. § 15A-641 — Indictment and related instruments; definitions of indictment, information, and presentment.
- N.C.G.S. § 15A-642 — Prosecutions originating in superior court to be upon indictment or information; waiver of indictment.
- N.C.G.S. § 15A-643 — Joinder of offenses and defendants and consolidation of indictments and informations.
- N.C.G.S. § 15A-644 — Form and content of indictment, information or presentment.
- N.C.G.S. § 15A-644.1 — Filing of information when plea of guilty or no contest in district court to Class H or I felony.
- N.C.G.S. § 15A-645 — Allegations of previous convictions.
- N.C.G.S. § 15A-646 — Superseding indictments and informations.
Article 36 - Special Criminal Process for Attendance of Defendants
- N.C.G.S. § 15A-711 — Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed.
Article 37 - Uniform Criminal Extradition Act
- N.C.G.S. § 15A-721 — Definitions.
- N.C.G.S. § 15A-722 — Duty of Governor as to fugitives from justice of other states.
- N.C.G.S. § 15A-723 — Form of demand for extradition.
- N.C.G.S. § 15A-724 — Governor may cause investigation to be made.
- N.C.G.S. § 15A-725 — Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
- N.C.G.S. § 15A-726 — Extradition of persons not present in demanding state at time of commission of crime.
- N.C.G.S. § 15A-727 — Issue of Governor's warrant of arrest; its recitals.
- N.C.G.S. § 15A-728 — Manner and place of execution of warrant.
- N.C.G.S. § 15A-729 — Authority of arresting officer.
- N.C.G.S. § 15A-730 — Rights of accused person; application for writ of habeas corpus.
- N.C.G.S. § 15A-731 — Penalty for noncompliance with § 15A-730.
- N.C.G.S. § 15A-732 — Confinement in jail when necessary.
- N.C.G.S. § 15A-733 — Arrest prior to requisition.
- N.C.G.S. § 15A-734 — Arrest without a warrant.
- N.C.G.S. § 15A-735 — Commitment to await requisition; bail.
- N.C.G.S. § 15A-736 — Bail in certain cases; conditions of bond.
- N.C.G.S. § 15A-737 — Extension of time of commitment; adjournment.
- N.C.G.S. § 15A-738 — Forfeiture of bail.
- N.C.G.S. § 15A-739 — Persons under criminal prosecution in this State at time of requisition.
- N.C.G.S. § 15A-740 — Guilt or innocence of accused, when inquired into.
- N.C.G.S. § 15A-741 — Governor may recall warrant or issue alias.
- N.C.G.S. § 15A-742 — Fugitives from this State; duty of governors.
- N.C.G.S. § 15A-743 — Application for issuance of requisition; by whom made; contents.
- N.C.G.S. § 15A-744 — Costs and expenses.
- N.C.G.S. § 15A-745 — Immunity from service of process in certain civil actions.
- N.C.G.S. § 15A-746 — Written waiver of extradition proceedings.
- N.C.G.S. § 15A-747 — Nonwaiver by this State.
- N.C.G.S. § 15A-748 — No right of asylum; no immunity from other criminal prosecution while in this State.
- N.C.G.S. § 15A-749 — Interpretation.
- N.C.G.S. § 15A-750 — Short title.
Article 38 - Interstate Agreement on Detainers
- N.C.G.S. § 15A-761 — Agreement on Detainers entered into; form and contents.
- N.C.G.S. § 15A-762 — Meaning of "appropriate court."
- N.C.G.S. § 15A-763 — Cooperation in enforcement.
- N.C.G.S. § 15A-764 — Escape from temporary custody.
- N.C.G.S. § 15A-765 — Authority and duty of official in charge of institution.
- N.C.G.S. § 15A-766 — Designation of central administrator of and information agent for agreement.
- N.C.G.S. § 15A-767 — Distribution of copies of Article.
Article 39 - Other Special Process for Attendance of Defendants
- N.C.G.S. § 15A-771 — Securing attendance of defendants confined in federal prisons.
- N.C.G.S. § 15A-772 — Securing attendance of defendants who are outside the United States.
- N.C.G.S. § 15A-773 — Securing attendance of organizations; appearance.
Article 42 - Attendance of Witnesses Generally
- N.C.G.S. § 15A-801 — Subpoena for witness.
- N.C.G.S. § 15A-802 — Subpoena for the production of documentary evidence.
- N.C.G.S. § 15A-803 — Attendance of witnesses.
- N.C.G.S. § 15A-804 — Voluntary protective custody.
- N.C.G.S. § 15A-805 — Securing attendance of witnesses confined in institutions within the State.
Article 43 - Uniform Act to Secure Attendance of Witnesses from Without a State in Criminal Proceedings
- N.C.G.S. § 15A-811 — Definitions.
- N.C.G.S. § 15A-812 — Summoning witness in this State to testify in another state.
- N.C.G.S. § 15A-813 — Witness from another state summoned to testify in this State.
- N.C.G.S. § 15A-814 — Exemption from arrest and service of process.
- N.C.G.S. § 15A-815 — Uniformity of interpretation.
- N.C.G.S. § 15A-816 — Title of Article.
Article 44 - Securing Attendance of Prisoners as Witnesses
- N.C.G.S. § 15A-821 — Securing attendance of prisoner in this State as witness in proceeding outside the State.
- N.C.G.S. § 15A-822 — Securing attendance of prisoner outside the State as witness in proceeding in the State.
- N.C.G.S. § 15A-823 — Securing attendance of prisoner in federal institution as witness in proceeding in the State.
Article 45 - Fair Treatment for Certain Victims and Witnesses
- N.C.G.S. § 15A-824 — Definitions.
- N.C.G.S. § 15A-825 — Treatment due victims and witnesses.
- N.C.G.S. § 15A-826 — District attorney legal assistants.
- N.C.G.S. § 15A-827 — Scope.
Article 46 - Crime Victims' Rights Act
- N.C.G.S. § 15A-830 — Definitions.
- N.C.G.S. § 15A-830.5 — Victim's rights.
- N.C.G.S. § 15A-831 — Responsibilities of law enforcement agency.
- N.C.G.S. § 15A-831.1 — Polygraph examinations of victims of sexual assaults.
- N.C.G.S. § 15A-832 — Responsibilities of the district attorney's office.
- N.C.G.S. § 15A-832.1 — Responsibilities of judicial officials.
- N.C.G.S. § 15A-833 — Evidence of victim impact.
- N.C.G.S. § 15A-834 — Restitution.
- N.C.G.S. § 15A-834.5 — Enforcement of the rights of a victim.
- N.C.G.S. § 15A-835 — Posttrial responsibilities.
- N.C.G.S. § 15A-836 — Responsibilities of agency with custody of defendant.
- N.C.G.S. § 15A-837 — Responsibilities of Division of Community Supervision and Reentry.
- N.C.G.S. § 15A-838 — Notice of commuted sentence or pardon.
- N.C.G.S. § 15A-839 — No money damages.
Article 48 - Discovery in the Superior Court
- N.C.G.S. § 15A-901 — Application of Article.
- N.C.G.S. § 15A-902 — Discovery procedure.
- N.C.G.S. § 15A-903 — Disclosure of evidence by the State - Information subject to disclosure.
- N.C.G.S. § 15A-904 — Disclosure by the State - Certain information not subject to disclosure.
- N.C.G.S. § 15A-905 — Disclosure of evidence by the defendant - Information subject to disclosure.
- N.C.G.S. § 15A-906 — Disclosure of evidence by the defendant - Certain evidence not subject to disclosure.
- N.C.G.S. § 15A-907 — Continuing duty to disclose.
- N.C.G.S. § 15A-908 — Regulation of discovery - Protective orders.
- N.C.G.S. § 15A-909 — Regulation of discovery - Time, place, and manner of discovery and inspection.
- N.C.G.S. § 15A-910 — Regulation of discovery - Failure to comply.
Article 49 - Pleadings and Joinder
- N.C.G.S. § 15A-921 — Pleadings in criminal cases.
- N.C.G.S. § 15A-922 — Use of pleadings in misdemeanor cases generally.
- N.C.G.S. § 15A-923 — Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division.
- N.C.G.S. § 15A-924 — Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage.
- N.C.G.S. § 15A-925 — Bill of particulars.
- N.C.G.S. § 15A-926 — Joinder of offenses and defendants.
- N.C.G.S. § 15A-927 — Severance of offenses; objection to joinder of defendants for trial.
- N.C.G.S. § 15A-928 — Allegation and proof of previous convictions in superior court.
Article 50 - Voluntary Dismissal
- N.C.G.S. § 15A-931 — Voluntary dismissal of criminal charges by the State.
- N.C.G.S. § 15A-932 — Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.
Article 51 - Arraignment
- N.C.G.S. § 15A-941 — Arraignment before judge only upon written request; entry of not guilty plea if not arraigned.
- N.C.G.S. § 15A-942 — Right to counsel.
- N.C.G.S. § 15A-943 — Arraignment in superior court – Required calendaring.
- N.C.G.S. § 15A-944 — Arraignment in superior court – Optional calendaring.
- N.C.G.S. § 15A-945 — Waiver of arraignment.
Article 52 - Motions Practice
- N.C.G.S. § 15A-951 — Motions in general; definition, service, and filing.
- N.C.G.S. § 15A-952 — Pretrial motions; time for filing; sanction for failure to file; motion hearing date.
- N.C.G.S. § 15A-953 — Motions practice in district court.
- N.C.G.S. § 15A-954 — Motion to dismiss – Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant.
- N.C.G.S. § 15A-955 — Motion to dismiss – Grounds applicable to indictments.
- N.C.G.S. § 15A-956 — Deferral of ruling on motion to dismiss when charge to be reinstituted.
- N.C.G.S. § 15A-957 — Motion for change of venue.
- N.C.G.S. § 15A-958 — Motion for a special venire from another county.
- N.C.G.S. § 15A-959 — Notice of defense of insanity; pretrial determination of insanity.
- N.C.G.S. § 15A-960 — Removal of juveniles charged with committing Class A, B1, B2, C, D, or E felony offenses at age 16 and 17.
Article 53 - Motion to Suppress Evidence
- N.C.G.S. § 15A-971 — Definitions.
- N.C.G.S. § 15A-972 — Motion to suppress evidence before trial in superior court in general.
- N.C.G.S. § 15A-973 — Motion to suppress evidence in district court.
- N.C.G.S. § 15A-974 — Exclusion or suppression of unlawfully obtained evidence.
- N.C.G.S. § 15A-975 — Motion to suppress evidence in superior court prior to trial and during trial.
- N.C.G.S. § 15A-976 — Timing of pretrial suppression motion and hearing.
- N.C.G.S. § 15A-977 — Motion to suppress evidence in superior court; procedure.
- N.C.G.S. § 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.
- N.C.G.S. § 15A-979 — Motion to suppress evidence in superior and district court; orders of suppression; effects of orders and of failure to make motion.
- N.C.G.S. § 15A-980 — Right to suppress use of certain prior convictions obtained in violation of right to counsel.
Article 54 - Reliability of In-Custody Informant Statements
- N.C.G.S. § 15A-985 — Corroboration of in-custody informant statement.
Article 56 - Incapacity to Proceed
- N.C.G.S. § 15A-1001 — No proceedings when defendant mentally incapacitated; exception.
- N.C.G.S. § 15A-1002 — Determination of incapacity to proceed; evidence; temporary commitment; temporary orders.
- N.C.G.S. § 15A-1003 — Referral of incapable defendant for civil commitment proceedings.
- N.C.G.S. § 15A-1004 — Orders for safeguarding of defendant and return for trial.
- N.C.G.S. § 15A-1005 — Reporting to court with regard to defendants incapable of proceeding.
- N.C.G.S. § 15A-1006 — Return of defendant for trial upon gaining capacity.
- N.C.G.S. § 15A-1007 — Supplemental hearings.
- N.C.G.S. § 15A-1008 — Dismissal of charges.
Article 57 - Pleas
- N.C.G.S. § 15A-1011 — Pleas in district and superior courts; waiver of appearance.
- N.C.G.S. § 15A-1012 — Aid of counsel; time for deliberation.
Article 58 - Procedures Relating to Guilty Pleas in Superior Court
- N.C.G.S. § 15A-1021 — Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc.
- N.C.G.S. § 15A-1022 — Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required.
- N.C.G.S. § 15A-1022.1 — Procedure in accepting admissions of the existence of aggravating factors in felonies.
- N.C.G.S. § 15A-1023 — Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence.
- N.C.G.S. § 15A-1024 — Withdrawal of guilty plea when sentence not in accord with plea arrangement.
- N.C.G.S. § 15A-1025 — Plea discussion and arrangement inadmissible.
- N.C.G.S. § 15A-1026 — Record of proceedings.
- N.C.G.S. § 15A-1027 — Limitation on collateral attack on conviction.
Article 58A - Procedures Relating to Felony Guilty Pleas in District Court
- N.C.G.S. § 15A-1029.1 — Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses.
Article 59 - Maintenance of Order in the Courtroom
- N.C.G.S. § 15A-1031 — Custody and restraint of defendant and witnesses.
- N.C.G.S. § 15A-1032 — Removal of disruptive defendant.
- N.C.G.S. § 15A-1033 — Removal of disruptive witnesses and spectators.
- N.C.G.S. § 15A-1034 — Controlling access to the courtroom.
- N.C.G.S. § 15A-1035 — Other powers.
Article 61 - Granting of Immunity to Witnesses
- N.C.G.S. § 15A-1051 — Immunity; general provisions.
- N.C.G.S. § 15A-1052 — Grant of immunity in court proceedings.
- N.C.G.S. § 15A-1053 — Grant of immunity before grand jury.
- N.C.G.S. § 15A-1054 — Charge reductions or sentence concessions in consideration of truthful testimony.
- N.C.G.S. § 15A-1055 — Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury.
Article 62 - Mistrial
- N.C.G.S. § 15A-1061 — Mistrial for prejudice to defendant.
- N.C.G.S. § 15A-1062 — Mistrial for prejudice to the State.
- N.C.G.S. § 15A-1063 — Mistrial for impossibility of proceeding.
- N.C.G.S. § 15A-1064 — Mistrial; finding of facts required.
- N.C.G.S. § 15A-1065 — Procedure following mistrial.
Article 65 - In General
- N.C.G.S. § 15A-1101 — Applicability of superior court procedure.
Article 66 - Procedure for Hearing and Disposition of Infractions
- N.C.G.S. § 15A-1111 — General procedure for disposition of infractions.
- N.C.G.S. § 15A-1112 — Venue.
- N.C.G.S. § 15A-1113 — Prehearing procedure.
- N.C.G.S. § 15A-1114 — Hearing procedure for infractions.
- N.C.G.S. § 15A-1115 — Review of infractions originally disposed of in superior court.
- N.C.G.S. § 15A-1116 — Enforcement of sanctions.
- N.C.G.S. § 15A-1118 — Costs.
Article 71 - Right to Trial by Jury
- N.C.G.S. § 15A-1201 — Right to trial by jury; waiver of jury trial; procedure for waiver.
Article 72 - Selecting and Impaneling the Jury
- N.C.G.S. § 15A-1211 — Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors.
- N.C.G.S. § 15A-1212 — Grounds for challenge for cause.
- N.C.G.S. § 15A-1213 — Informing prospective jurors of case.
- N.C.G.S. § 15A-1214 — Selection of jurors; procedure.
- N.C.G.S. § 15A-1215 — Alternate jurors.
- N.C.G.S. § 15A-1216 — Impaneling jury.
- N.C.G.S. § 15A-1217 — Number of peremptory challenges.
Article 73 - Criminal Jury Trial in Superior Court
- N.C.G.S. § 15A-1221 — Order of proceedings in jury trial; reading of indictment prohibited.
- N.C.G.S. § 15A-1222 — Expression of opinion prohibited.
- N.C.G.S. § 15A-1223 — Disqualification of judge.
- N.C.G.S. § 15A-1224 — Death or disability of trial judge.
- N.C.G.S. § 15A-1225 — Exclusion of witnesses.
- N.C.G.S. § 15A-1225.1 — Child witnesses; remote testimony.
- N.C.G.S. § 15A-1225.2 — Witnesses with an intellectual or developmental disability; remote testimony.
- N.C.G.S. § 15A-1225.3 — Forensic analyst remote testimony.
- N.C.G.S. § 15A-1226 — Rebuttal evidence; additional evidence.
- N.C.G.S. § 15A-1227 — Motion for dismissal.
- N.C.G.S. § 15A-1228 — Notes by the jury.
- N.C.G.S. § 15A-1229 — View by jury.
- N.C.G.S. § 15A-1230 — Limitations on argument to the jury.
- N.C.G.S. § 15A-1231 — Jury instructions.
- N.C.G.S. § 15A-1232 — Jury instructions; explanation of law; opinion prohibited.
- N.C.G.S. § 15A-1233 — Review of testimony; use of evidence by the jury.
- N.C.G.S. § 15A-1234 — Additional instructions.
- N.C.G.S. § 15A-1235 — Length of deliberations; deadlocked jury.
- N.C.G.S. § 15A-1236 — Admonitions to jurors; regulation and separation of jurors.
- N.C.G.S. § 15A-1237 — Verdict.
- N.C.G.S. § 15A-1238 — Polling the jury.
- N.C.G.S. § 15A-1239 — Judicial comment on verdict.
- N.C.G.S. § 15A-1240 — Impeachment of the verdict.
- N.C.G.S. § 15A-1241 — Record of proceedings.
- N.C.G.S. § 15A-1242 — Defendant's election to represent himself at trial.
- N.C.G.S. § 15A-1243 — Standby counsel for defendant representing himself.
Article 78 - Order of Commitment to Imprisonment
- N.C.G.S. § 15A-1301 — Order of commitment to imprisonment when not otherwise specified.
Article 80 - Defendants Found Not Guilty by Reason of Insanity
- N.C.G.S. § 15A-1321 — Automatic civil commitment of defendants found not guilty by reason of insanity.
- N.C.G.S. § 15A-1322 — Temporary restraint.
Article 81 - General Sentencing Provisions
- N.C.G.S. § 15A-1331 — Authorized sentences; conviction.
- N.C.G.S. § 15A-1331.1 — Forfeiture of licensing privileges after conviction of a felony.
- N.C.G.S. § 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.
- N.C.G.S. § 15A-1332 — Presentence reports.
- N.C.G.S. § 15A-1333 — Availability of presentence report.
- N.C.G.S. § 15A-1334 — The sentencing hearing.
- N.C.G.S. § 15A-1335 — Resentencing after appellate review.
- N.C.G.S. § 15A-1336 — Compliance with criminal case firearm notification requirements of the federal Violence Against Women Act.
Article 81B - Structured Sentencing of Persons Convicted of Crimes
- N.C.G.S. § 15A-1340.10 — Applicability of structured sentencing.
- N.C.G.S. § 15A-1340.11 — Definitions.
- N.C.G.S. § 15A-1340.12 — Purposes of sentencing.
- N.C.G.S. § 15A-1340.13 — Procedure and incidents of sentence of imprisonment for felonies.
- N.C.G.S. § 15A-1340.14 — Prior record level for felony sentencing.
- N.C.G.S. § 15A-1340.15 — Multiple convictions.
- N.C.G.S. § 15A-1340.16 — Aggravated and mitigated sentences.
- N.C.G.S. § 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.
- N.C.G.S. § 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.
- N.C.G.S. § 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.
- N.C.G.S. § 15A-1340.16D — Manufacturing methamphetamine; enhanced sentence.
- N.C.G.S. § 15A-1340.16E — Enhanced sentence for offenses committed by criminal gang members as a part of criminal gang activity.
- N.C.G.S. § 15A-1340.16F — Aggregation of multiple financial crime offenses.
- N.C.G.S. § 15A-1340.16G — Enhanced sentence if defendant is convicted of a misdemeanor or felony and the defendant was wearing a mask or other clothing or device to conceal or attempt to conceal the defendant's identity.
- N.C.G.S. § 15A-1340.18 — Advanced supervised release.
- N.C.G.S. § 15A-1340.19A — Applicability.
- N.C.G.S. § 15A-1340.19B — Penalty determination.
- N.C.G.S. § 15A-1340.19C — Sentencing; assignment for resentencing.
- N.C.G.S. § 15A-1340.19D — Incidents of parole.
- N.C.G.S. § 15A-1340.20 — Procedure and incidents of sentence of imprisonment for misdemeanors.
- N.C.G.S. § 15A-1340.21 — Prior conviction level for misdemeanor sentencing.
- N.C.G.S. § 15A-1340.22 — Multiple convictions.
- N.C.G.S. § 15A-1340.23 — Punishment limits for each class of offense and prior conviction level.
81B
- N.C.G.S. § 15A-1340.17 — Punishment for each class of offense and prior record level (sample fixture)
Article 81C - Restitution
- N.C.G.S. § 15A-1340.34 — Restitution generally.
- N.C.G.S. § 15A-1340.35 — Basis for restitution.
- N.C.G.S. § 15A-1340.36 — Determination of restitution.
- N.C.G.S. § 15A-1340.37 — Effect of restitution order; beneficiaries.
- N.C.G.S. § 15A-1340.38 — Enforcement of certain orders for restitution.
- N.C.G.S. § 15A-1340.39 — Remission of restitution, notice, and hearing required.
Article 81D - Permanent No Contact Order Against Convicted Violent Offender
- N.C.G.S. § 15A-1340.50 — Permanent no contact order prohibiting future contact by convicted violent offender with crime victim.
Article 82 - Probation
- N.C.G.S. § 15A-1341 — Probation generally.
- N.C.G.S. § 15A-1342 — Incidents of probation.
- N.C.G.S. § 15A-1343 — Conditions of probation.
- N.C.G.S. § 15A-1343.2 — Special probation rules for persons sentenced under Article 81B.
- N.C.G.S. § 15A-1343.3 — Division of Community Supervision and Reentry of the Department of Adult Correction to establish regulations for continuous alcohol monitoring systems; payment of fees; authority to terminate monitoring.
- N.C.G.S. § 15A-1344 — Response to violations; alteration and revocation.
- N.C.G.S. § 15A-1344.1 — Procedure to insure payment of child support.
- N.C.G.S. § 15A-1344.2 — Delegation of authority to reduce a term of supervised probation.
- N.C.G.S. § 15A-1345 — Arrest and hearing on probation violation.
- N.C.G.S. § 15A-1346 — Commencement of probation; multiple sentence.
- N.C.G.S. § 15A-1347 — Appeal from revocation of probation or imposition of special probation upon violation; consequences of waiver of hearing.
Article 83 - Imprisonment
- N.C.G.S. § 15A-1351 — Sentence of imprisonment; incidents; special probation.
- N.C.G.S. § 15A-1352 — Commitment to Division of Prisons of the Department of Adult Correction or local confinement facility.
- N.C.G.S. § 15A-1353 — Order of commitment when imprisonment imposed; release pending appeal.
- N.C.G.S. § 15A-1354 — Concurrent and consecutive terms of imprisonment.
- N.C.G.S. § 15A-1355 — Calculation of terms of imprisonment.
Article 84 - Fines
- N.C.G.S. § 15A-1361 — Authorized fines and penalties.
- N.C.G.S. § 15A-1362 — Imposition of fines.
- N.C.G.S. § 15A-1363 — Remission of a fine or costs.
- N.C.G.S. § 15A-1364 — Response to nonpayment.
- N.C.G.S. § 15A-1365 — Judgment for fines docketed; lien and execution.
Article 84A - Post-Release Supervision
- N.C.G.S. § 15A-1368 — Definitions and administration.
- N.C.G.S. § 15A-1368.1 — Applicability of Article 84A.
- N.C.G.S. § 15A-1368.2 — Post-release supervision eligibility and procedure.
- N.C.G.S. § 15A-1368.3 — Incidents of post-release supervision.
- N.C.G.S. § 15A-1368.4 — Conditions of post-release supervision.
- N.C.G.S. § 15A-1368.5 — Commencement of post-release supervision; multiple sentences.
- N.C.G.S. § 15A-1368.6 — Arrest and hearing on post-release supervision violation.
Article 84B - Medical Release of Inmates
- N.C.G.S. § 15A-1369 — Definitions.
- N.C.G.S. § 15A-1369.1 — Authority to release.
- N.C.G.S. § 15A-1369.2 — Eligibility.
- N.C.G.S. § 15A-1369.3 — Procedure for medical release.
- N.C.G.S. § 15A-1369.4 — Conditions of medical release.
- N.C.G.S. § 15A-1369.5 — Change in medical status.
Article 85 - Parole
- N.C.G.S. § 15A-1370.1 — Applicability of Article 85.
- N.C.G.S. § 15A-1371 — Parole eligibility, consideration, and refusal.
- N.C.G.S. § 15A-1372 — Length and effect of parole term.
- N.C.G.S. § 15A-1373 — Incidents of parole.
- N.C.G.S. § 15A-1374 — Conditions of parole.
- N.C.G.S. § 15A-1375 — Commencement of parole; multiple sentences.
- N.C.G.S. § 15A-1376 — Arrest and hearing on parole violation.
Article 86 - Reports of Dispositions of Criminal Cases
- N.C.G.S. § 15A-1381 — Disposition defined.
- N.C.G.S. § 15A-1382 — Reports of disposition; fingerprints.
- N.C.G.S. § 15A-1382.1 — Reports of disposition; domestic violence; child abuse; sentencing.
- N.C.G.S. § 15A-1382.2 — Sentencing court to include in judgment whether firearm was used.
- N.C.G.S. § 15A-1383 — Plans for implementation of Article; punishment for failure to comply; modification of plan.
Article 88 - Post-Trial Motions and Appeal
- N.C.G.S. § 15A-1401 — Post-trial motions and appeal.
Article 89 - Motion for Appropriate Relief and Other Post-Trial Relief
- N.C.G.S. § 15A-1411 — Motion for appropriate relief.
- N.C.G.S. § 15A-1412 — Provisions of Article procedural.
- N.C.G.S. § 15A-1413 — Trial judges empowered to act; assignment of motions for appropriate relief.
- N.C.G.S. § 15A-1414 — Motion by defendant for appropriate relief made within 10 days after verdict.
- N.C.G.S. § 15A-1415 — Grounds for appropriate relief which may be asserted by defendant after verdict; limitation as to time.
- N.C.G.S. § 15A-1416 — Motion by the State for appropriate relief.
- N.C.G.S. § 15A-1416.1 — Motion by the defendant to vacate a nonviolent offense conviction for human trafficking victim.
- N.C.G.S. § 15A-1417 — Relief available.
- N.C.G.S. § 15A-1418 — Motion for appropriate relief in the appellate division.
- N.C.G.S. § 15A-1419 — When motion for appropriate relief denied.
- N.C.G.S. § 15A-1420 — Motion for appropriate relief; procedure.
- N.C.G.S. § 15A-1421 — Indigent defendants.
- N.C.G.S. § 15A-1422 — Review upon appeal.
Article 90 - Appeals from Magistrates and District Court Judges
- N.C.G.S. § 15A-1431 — Appeals by defendants from magistrate and district court judge; trial de novo.
- N.C.G.S. § 15A-1432 — Appeals by State from district court judge.
Article 91 - Appeal to Appellate Division
- N.C.G.S. § 15A-1441 — Correction of errors by appellate division.
- N.C.G.S. § 15A-1442 — Grounds for correction of error by appellate division.
- N.C.G.S. § 15A-1443 — Existence and showing of prejudice.
- N.C.G.S. § 15A-1444 — When defendant may appeal; certiorari.
- N.C.G.S. § 15A-1445 — Appeal by the State.
- N.C.G.S. § 15A-1446 — Requisites for preserving the right to appellate review.
- N.C.G.S. § 15A-1447 — Relief available upon appeal.
- N.C.G.S. § 15A-1448 — Procedures for taking appeal.
- N.C.G.S. § 15A-1449 — Security for costs not required.
- N.C.G.S. § 15A-1450 — Withdrawal of appeal.
- N.C.G.S. § 15A-1451 — Stay of sentence; bail; no stay when State appeals.
- N.C.G.S. § 15A-1452 — Execution of sentence upon determination of appeal; compliance with directive of appellate court.
- N.C.G.S. § 15A-1453 — Ancillary actions during appeal.
Article 92 - North Carolina Innocence Inquiry Commission
- N.C.G.S. § 15A-1460 — Definitions.
- N.C.G.S. § 15A-1461 — Purpose of Article.
- N.C.G.S. § 15A-1462 — Commission established.
- N.C.G.S. § 15A-1463 — Membership; chair; meetings; quorum.
- N.C.G.S. § 15A-1464 — Terms of members; compensation; expenses.
- N.C.G.S. § 15A-1465 — Director and other staff.
- N.C.G.S. § 15A-1466 — Duties.
- N.C.G.S. § 15A-1467 — Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim.
- N.C.G.S. § 15A-1468 — Commission proceedings.
- N.C.G.S. § 15A-1469 — Postcommission three-judge panel.
- N.C.G.S. § 15A-1470 — No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief.
- N.C.G.S. § 15A-1471 — Preservation of files and evidence; production of files and evidence; forensic and DNA testing.
- N.C.G.S. § 15A-1475 — Reports.
Article 100 - Capital Punishment
- N.C.G.S. § 15A-2000 — Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.
- N.C.G.S. § 15A-2001 — Capital offenses; plea of guilty.
- N.C.G.S. § 15A-2002 — Capital offenses; jury verdict and sentence.
- N.C.G.S. § 15A-2003 — Disability of trial judge.
- N.C.G.S. § 15A-2004 — Prosecutorial discretion.
- N.C.G.S. § 15A-2005 — Intellectual disability; death sentence prohibited.
- N.C.G.S. § 15A-2007 — Postconviction venue for capital defendants.