There is a newer version of the North Carolina General Statutes
2005 North Carolina Code - Chapter 15A — Criminal Procedure Act.
- §§ 15A-1 through 15A-100. Reserved for future codification purposes.
- § 15A-101. Definitions.
- § 15A-101.1. Electronic technology in criminal process and procedure.
- § 15A-131. Venue generally.
- § 15A-132. Concurrent venue.
- § 15A-133. Waiver of venue; motion for change of venue; indictment may be returned in other county.
- § 15A-134. Offense occurring in part outside North Carolina.
- § 15A-135. Allegation of venue conclusive in absence of timely motion.
- § 15A-136. Venue for sexual offenses.
- §§ 15A-137 through 15A-140. Reserved for future codification purposes.
- § 15A-141. When entry of attorney in criminal proceeding occurs.
- § 15A-142. Requirement that clerk record entry.
- § 15A-143. Attorney making general entry obligated to represent defendant at all subsequent stages.
- § 15A-144. Withdrawal of attorney with permission of court.
- § 15A-145. Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors.
- § 15A-146. Expunction of records when charges are dismissed or there are findings of not guilty.
- § 15A-147. Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft.
- § 15A-148. Expunction of DNA records when charges are dismissed on appeal or pardon of innocence is granted.
- § 15A-149. Expunction of records when pardon of innocence is granted.
- §§ 15A-150 through 15A-172. Reserved for future codification purposes.
- § 15A-221. General authorization; definition of "consent".
- § 15A-222. Person from whom effective consent may be obtained.
- § 15A-223. Permissible scope of consent search and seizure.
- §§ 15A-224 through 15A-230. Reserved for future codification purposes.
- § 15A-231. Other searches and seizures.
- §§ 15A-232 through 15A-240. Reserved for future codification purposes.
- § 15A-241. Definition of search warrant.
- § 15A-242. Items subject to seizure under a search warrant.
- § 15A-243. Who may issue a search warrant.
- § 15A-244. Contents of the application for a search warrant.
- § 15A-245. Basis for issuance of a search warrant; duty of the issuing official.
- § 15A-246. Form and content of the search warrant.
- § 15A-247. Who may execute a search warrant.
- § 15A-248. Time of execution of a search warrant.
- § 15A-249. Officer to give notice of identity and purpose.
- § 15A-250. Reserved for future codification purposes.
- § 15A-251. Entry by force.
- § 15A-252. Service of a search warrant.
- § 15A-253. Scope of the search; seizure of items not named in the warrant.
- § 15A-254. List of items seized.
- § 15A-255. Frisk of persons present in premises or vehicle to be searched.
- § 15A-256. Detention and search of persons present in private premises or vehicle to be searched.
- § 15A-257. Return of the executed warrant.
- § 15A-258. Disposition of seized property.
- § 15A-259. Application of Article to all warrants; exception as to inspection warrants and special riot situations.
- § 15A-260. Definitions.
- § 15A-261. Prohibition and exceptions.
- § 15A-262. Application for order for pen register or trap and trace device.
- § 15A-263. Issuance of order for pen register or trap and trace device.
- § 15A-264. Assistance in installation and use of a pen register or a trap and trace device.
- § 15A-265. Reserved for future codification purposes.
- § 15A-266. Short title.
- § 15A-266.1. Policy.
- § 15A-266.2. Definitions.
- § 15A-266.3. Procedural compatibility with the FBI.
- § 15A-266.4. Blood sample required for DNA analysis upon conviction or finding of not guilty by reason of insanity.
- § 15A-266.5. Tests to be performed on blood sample.
- § 15A-266.6. Procedures for withdrawal of blood sample for DNA analysis.
- § 15A-266.7. Procedures for conducting DNA analysis of blood sample.
- § 15A-266.8. DNA database exchange.
- § 15A-266.9. Cancellation of authority to exchange DNA records.
- § 15A-266.10: Repealed by Session Laws 2001-282, s. 3.
- § 15A-266.11. Unauthorized uses of DNA Databank; penalties.
- § 15A-266.12. Confidentiality of records.
- § 15A-267. Access to DNA samples from crime scene.
- § 15A-268. Preservation of samples of biological materials.
- § 15A-269. Request for postconviction DNA testing.
- § 15A-270. Post-test procedures.
- § 15A-271. Authority to issue order.
- § 15A-272. Time of application; additional investigative procedures not precluded.
- § 15A-273. Basis for order.
- § 15A-274. Issuance of order.
- § 15A-275. Modification of order.
- § 15A-276. Failure to appear.
- § 15A-277. Service of order.
- § 15A-278. Contents of order.
- § 15A-279. Implementation of order.
- § 15A-280. Return.
- § 15A-281. Nontestimonial identification order at request of defendant.
- § 15A-282. Copy of results to person involved.
- §§ 15A-283 through 15A-284. Reserved for future codification purposes.
- § 15A-286. Definitions.
- § 15A-287. Interception and disclosure of wire, oral, or electronic communications prohibited.
- § 15A-288. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited.
- § 15A-289. Confiscation of wire, oral, or electronic communication interception devices.
- § 15A-290. Offenses for which orders for electronic surveillance may be granted.
- § 15A-291. Application for electronic surveillance order; judicial review panel.
- § 15A-292. Request for application for electronic surveillance order.
- § 15A-293. Issuance of order for electronic surveillance; procedures for implementation.
- § 15A-294. Authorization for disclosure and use of intercepted wire, oral, or electronic communications.
- § 15A-295. Reports concerning intercepted wire, oral, or electronic communications.
- § 15A-296. Recovery of civil damages authorized.
- § 15A-297. Conformity to provisions of federal law.
- § 15A-298. Subpoena authority.
- § 15A-299. Discontinuation of telecommunications services used for unlawful purposes.
- § 15A-300. Reserved for future codification purposes.
- § 15A-301. Criminal process generally.
- § 15A-301.1. Electronic Repository.
- § 15A-302. Citation.
- § 15A-303. Criminal summons.
- § 15A-304. Warrant for arrest.
- § 15A-305. Order for arrest.
- § 15A-401. Arrest by law-enforcement officer.
- § 15A-402. Territorial jurisdiction of officers to make arrests.
- § 15A-403. Arrest by officers from other states.
- § 15A-404. Detention of offenders by private persons.
- § 15A-405. Assistance to law-enforcement officers by private persons to effect arrest or prevent escape; benefits for private persons.
- § 15A-406. Assistance by federal officers.
- §§ 15A-407 through 15A-409. Reserved for future codification purposes.
- § 15A-501. Police processing and duties upon arrest generally.
- § 15A-502. Photographs and fingerprints.
- § 15A-503. Police assistance to persons arrested while unconscious or semiconscious.
- § 15A-504. Return of released person.
- § 15A-505. Notification of parent and school.
- §§ 15A-506 through 15A-510: Reserved for future codification purposes.
- § 15A-511. Initial appearance.
- §§ 15A-512 through 15A-520. Reserved for future codification purposes.
- § 15A-521. Commitment to detention facility pending trial.
- §§ 15A-522 through 15A-530. Reserved for future codification purposes.
- § 15A-531. Definitions.
- § 15A-532. Persons authorized to determine conditions for release; use of two-way audio and video transmission.
- § 15A-533. Right to pretrial release in capital and noncapital cases.
- § 15A-534. Procedure for determining conditions of pretrial release.
- § 15A-534.1. Crimes of domestic violence; bail and pretrial release.
- § 15A-534.2. Detention of impaired drivers.
- § 15A-534.3. Detention for communicable diseases.
- § 15A-534.4. Sex offenses and crimes of violence against child victims: bail and pretrial release.
- § 15A-534.5. Detention to protect public health.
- § 15A-535. Issuance of policies on pretrial release.
- § 15A-536. Release after conviction in the superior court.
- § 15A-537. Persons authorized to effect release.
- § 15A-538. Modification of order on motion of person detained; substitution of surety.
- § 15A-539. Modification upon motion of prosecutor.
- § 15A-540. Surrender of a defendant by a surety; setting new conditions of release.
- § 15A-541. Persons prohibited from becoming surety.
- § 15A-542. False qualification by surety.
- § 15A-543. Penalties for failure to appear.
- § 15A-544: Repealed by Session Laws 2000-133, s. 4.
- § 15A-544.1. Forfeiture jurisdiction.
- § 15A-544.2. Identifying information on bond.
- § 15A-544.3. Entry of forfeiture.
- § 15A-544.4. Notice of forfeiture.
- § 15A-544.5. Setting aside forfeiture.
- § 15A-544.6. Final judgment of forfeiture.
- § 15A-544.7. Docketing and enforcement of final judgment of forfeiture.
- § 15A-544.8. Relief from final judgment of forfeiture.
- § 15A-545. Reserved for future codification purposes.
- § 15A-546. Contempt.
- § 15A-547. Right to habeas corpus.
- § 15A-547.1. Remit bail bond if defendant sentenced to community or intermediate punishment.
- §§ 15A-547.2 through 15A-547.6. Reserved for future codification purposes.
- § 15A-601. First appearance before a district court judge; right in felony and other cases in original jurisdiction of superior court; consolidation of first appearance before magistrate and before district court judge; first appearance before clerk
- § 15A-602. Warning of right against self-incrimination.
- § 15A-603. Assuring defendant's right to counsel.
- § 15A-604. Determination of sufficiency of charge.
- § 15A-605. Additional proceedings at first appearance before judge.
- § 15A-606. Demand or waiver of probable-cause hearing.
- §§ 15A-607 through 15A-610. Reserved for future codification purposes.
- § 15A-611. Probable-cause hearing procedure.
- § 15A-612. Disposition of charge on probable-cause hearing.
- § 15A-613. Setting offense for trial in district court.
- § 15A-614. Review of eligibility for pretrial release.
- § 15A-615. Testing of certain persons for sexually transmitted infections.
- §§ 15A-616 through 15A-620. Reserved for future codification purposes.
- § 15A-621. "Grand jury" defined.
- § 15A-622. Formation and organization of grand juries; other preliminary matters.
- § 15A-623. Grand jury proceedings and operation in general.
- § 15A-624. Grand jury the judge of facts; judge the source of legal advice.
- § 15A-625. Reserved for future codification purposes.
- § 15A-626. Who may call witnesses before grand jury; no right to appear without consent of prosecutor or judge.
- § 15A-627. Submission of bill of indictment to grand jury by prosecutor.
- § 15A-628. Functions of grand jury; record to be kept by clerk.
- § 15A-629. Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge.
- § 15A-630. Notice to defendant of true bill of indictment.
- § 15A-631. Grand jury venue.
- §§ 15A-632 through 15A-640. Reserved for future codification purposes.
- § 15A-641. Indictment and related instruments; definitions of indictment, information, and presentment.
- § 15A-642. Prosecutions originating in superior court to be upon indictment or information; waiver of indictment.
- § 15A-643. Joinder of offenses and defendants and consolidation of indictments and informations.
- § 15A-644. Form and content of indictment, information or presentment.
- § 15A-644.1. Filing of information when plea of guilty or no contest in district court to Class H or I felony.
- § 15A-645. Allegations of previous convictions.
- § 15A-646. Superseding indictments and informations.
- § 15A-711. Securing attendance of criminal defendants confined in institutions within the State; requiring prosecutor to proceed.
- §§ 15A-712 through 15A-720. Reserved for future codification purposes.
- § 15A-721. Definitions.
- § 15A-722. Duty of Governor as to fugitives from justice of other states.
- § 15A-723. Form of demand for extradition.
- § 15A-724. Governor may cause investigation to be made.
- § 15A-725. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
- § 15A-726. Extradition of persons not present in demanding state at time of commission of crime.
- § 15A-727. Issue of Governor's warrant of arrest; its recitals.
- § 15A-728. Manner and place of execution of warrant.
- § 15A-729. Authority of arresting officer.
- § 15A-730. Rights of accused person; application for writ of habeas corpus.
- § 15A-731. Penalty for noncompliance with § 15A-730.
- § 15A-732. Confinement in jail when necessary.
- § 15A-733. Arrest prior to requisition.
- § 15A-734. Arrest without a warrant.
- § 15A-735. Commitment to await requisition; bail.
- § 15A-736. Bail in certain cases; conditions of bond.
- § 15A-736.1. Bail in cases of manufacture of methamphetamine.
- § 15A-737. Extension of time of commitment; adjournment.
- § 15A-738. Forfeiture of bail.
- § 15A-739. Persons under criminal prosecution in this State at time of requisition.
- § 15A-740. Guilt or innocence of accused, when inquired into.
- § 15A-741. Governor may recall warrant or issue alias.
- § 15A-742. Fugitives from this State; duty of governors.
- § 15A-743. Application for issuance of requisition; by whom made; contents.
- § 15A-744. Costs and expenses.
- § 15A-745. Immunity from service of process in certain civil actions.
- § 15A-746. Written waiver of extradition proceedings.
- § 15A-747. Nonwaiver by this State.
- § 15A-748. No right of asylum; no immunity from other criminal prosecution while in this State.
- § 15A-749. Interpretation.
- § 15A-750. Short title.
- §§ 15A-751 through 15A-760. Reserved for future codification purposes.
- § 15A-761. Agreement on Detainers entered into; form and contents.
- § 15A-762. Meaning of "appropriate court."
- § 15A-763. Cooperation in enforcement.
- § 15A-764. Escape from temporary custody.
- § 15A-765. Authority and duty of official in charge of institution.
- § 15A-766. Designation of central administrator of and information agent for agreement.
- § 15A-767. Distribution of copies of Article.
- §§ 15A-768 through 15A-770. Reserved for future codification purposes.
- § 15A-771. Securing attendance of defendants confined in federal prisons.
- § 15A-772. Securing attendance of defendants who are outside the United States.
- § 15A-773. Securing attendance of organizations; appearance.
- § 15A-801. Subpoena for witness.
- § 15A-802. Subpoena for the production of documentary evidence.
- § 15A-803. Attendance of witnesses.
- § 15A-804. Voluntary protective custody.
- § 15A-805. Securing attendance of witnesses confined in institutions within the State.
- §§ 15A-806 through 15A-810. Reserved for future codification purposes.
- § 15A-811. Definitions.
- § 15A-812. Summoning witness in this State to testify in another state.
- § 15A-813. Witness from another state summoned to testify in this State.
- § 15A-814. Exemption from arrest and service of process.
- § 15A-815. Uniformity of interpretation.
- § 15A-816. Title of Article.
- §§ 15A-817 through 15A-820. Reserved for future codification purposes.
- § 15A-821. Securing attendance of prisoner in this State as witness in proceeding outside the State.
- § 15A-822. Securing attendance of prisoner outside the State as witness in proceeding in the State.
- § 15A-823. Securing attendance of prisoner in federal institution as witness in proceeding in the State.
- § 15A-824. Definitions.
- § 15A-825. Treatment due victims and witnesses.
- § 15A-826. Assistants for administrative and victim and witness services.
- § 15A-827. Scope.
- §§ 15A-828 through 15A-829. Reserved for future codification purposes.
- § 15A-830. Definitions.
- § 15A-831. Responsibilities of law enforcement agency.
- § 15A-832. Responsibilities of the district attorney's office.
- § 15A-832.1. Responsibilities of judicial officials issuing arrest warrants.
- § 15A-833. Evidence of victim impact.
- § 15A-834. Restitution.
- § 15A-835. Posttrial responsibilities.
- § 15A-836. Responsibilities of agency with custody of defendant.
- § 15A-837. Responsibilities of Division of Community Corrections.
- § 15A-838. Notice of commuted sentence or pardon.
- § 15A-839. No money damages.
- § 15A-840. No ground for relief.
- § 15A-841. Incompetent victim's rights exercised.
- §§ 15A-842 through 15A-849. Reserved for future codification purposes.
- § 15A-901. Application of Article.
- § 15A-902. Discovery procedure.
- § 15A-903. Disclosure of evidence by the State - Information subject to disclosure.
- § 15A-904. Disclosure by the State - Certain information not subject to disclosure.
- § 15A-905. Disclosure of evidence by the defendant - Information subject to disclosure.
- § 15A-906. Disclosure of evidence by the defendant - Certain evidence not subject to disclosure.
- § 15A-907. Continuing duty to disclose.
- § 15A-908. Regulation of discovery - Protective orders.
- § 15A-909. Regulation of discovery - Time, place, and manner of discovery and inspection.
- § 15A-910. Regulation of discovery - Failure to comply.
- §§ 15A-911 through 15A-920. Reserved for future codification purposes.
- § 15A-921. Pleadings in criminal cases.
- § 15A-922. Use of pleadings in misdemeanor cases generally.
- § 15A-923. Use of pleadings in felony cases and misdemeanor cases initiated in the superior court division.
- § 15A-924. Contents of pleadings; duplicity; alleging and proving previous convictions; failure to charge crime; surplusage.
- § 15A-925. Bill of particulars.
- § 15A-926. Joinder of offenses and defendants.
- § 15A-927. Severance of offenses; objection to joinder of defendants for trial.
- § 15A-928. Allegation and proof of previous convictions in superior court.
- § 15A-929. Reserved for future codification purposes.
- § 15A-930. Reserved for future codification purposes.
- § 15A-931. Voluntary dismissal of criminal charges by the State.
- § 15A-932. Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.
- §§ 15A-933 through 15A-940. Reserved for future codification purposes.
- § 15A-941. Arraignment before judge only upon written request; use of two-way audio and video transmission; entry of not guilty plea if not arraigned.
- § 15A-942. Right to counsel.
- § 15A-943. Arraignment in superior court – Required calendaring.
- § 15A-944. Arraignment in superior court – Optional calendaring.
- § 15A-945. Waiver of arraignment.
- §§ 15A-946 through 15A-950. Reserved for future codification purposes.
- § 15A-951. Motions in general; definition, service, and filing.
- § 15A-952. Pretrial motions; time for filing; sanction for failure to file; motion hearing date.
- § 15A-953. Motions practice in district court.
- § 15A-954. Motion to dismiss – Grounds applicable to all criminal pleadings; dismissal of proceedings upon death of defendant.
- § 15A-955. Motion to dismiss – Grounds applicable to indictments.
- § 15A-956. Deferral of ruling on motion to dismiss when charge to be reinstituted.
- § 15A-957. Motion for change of venue.
- § 15A-958. Motion for a special venire from another county.
- § 15A-959. Notice of defense of insanity; pretrial determination of insanity.
- §§ 15A-960 through 15A-970. Reserved for future codification purposes.
- § 15A-971. Definitions.
- § 15A-972. Motion to suppress evidence before trial in superior court in general.
- § 15A-973. Motion to suppress evidence in district court.
- § 15A-974. Exclusion or suppression of unlawfully obtained evidence.
- § 15A-975. Motion to suppress evidence in superior court prior to trial and during trial.
- § 15A-976. Timing of pretrial suppression motion and hearing.
- § 15A-977. Motion to suppress evidence in superior court; procedure.
- § 15A-978. Motion to suppress evidence in superior court or district court; challenge of probable cause supporting search on grounds of truthfulness; when identity of informant must be disclosed.
- § 15A-979. Motion to suppress evidence in superior and district court; orders of suppression; effects of orders and of failure to make motion.
- § 15A-980. Right to suppress use of certain prior convictions obtained in violation of right to counsel.
- § 15A-1001. No proceedings when defendant mentally incapacitated; exception.
- § 15A-1002. Determination of incapacity to proceed; evidence; temporary commitment; temporary orders.
- § 15A-1003. Referral of incapable defendant for civil commitment proceedings.
- § 15A-1004. Orders for safeguarding of defendant and return for trial.
- § 15A-1005. Reporting to court with regard to defendants incapable of proceeding.
- § 15A-1006. Return of defendant for trial upon gaining capacity.
- § 15A-1007. Supplemental hearings.
- § 15A-1008. Dismissal of charges.
- § 15A-1009. Dismissal with leave when defendant is found incapable of proceeding.
- § 15A-1010. Reserved for future codification purposes.
- § 15A-1011. Pleas in district and superior courts; waiver of appearance.
- § 15A-1012. Aid of counsel; time for deliberation.
- §§ 15A-1013 through 15A-1020. Reserved for future codification purposes.
- § 15A-1021. Plea conference; improper pressure prohibited; submission of arrangement to judge; restitution and reparation as part of plea arrangement agreement, etc.
- § 15A-1022. Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required.
- § 15A-1022.1. Procedure in accepting admissions of the existence of aggravating factors in felonies.
- § 15A-1023. Action by judge in plea arrangements relating to sentence; no approval required when arrangement does not relate to sentence.
- § 15A-1024. Withdrawal of guilty plea when sentence not in accord with plea arrangement.
- § 15A-1025. Plea discussion and arrangement inadmissible.
- § 15A-1026. Record of proceedings.
- § 15A-1027. Limitation on collateral attack on conviction.
- § 15A-1028. Reserved for future codification purposes.
- § 15A-1029. Reserved for future codification purposes.
- § 15A-1029.1. Transfer of case from superior court to district court to accept guilty and no contest pleas for certain felony offenses.
- § 15A-1030. Reserved for future codification purposes.
- § 15A-1031. Custody and restraint of defendant and witnesses.
- § 15A-1032. Removal of disruptive defendant.
- § 15A-1033. Removal of disruptive witnesses and spectators.
- § 15A-1034. Controlling access to the courtroom.
- § 15A-1035. Other powers.
- §§ 15A-1036 through 15A-1039. Reserved for future codification purposes.
- § 15A-1051. Immunity; general provisions.
- § 15A-1052. Grant of immunity in court proceedings.
- § 15A-1053. Grant of immunity before grand jury.
- § 15A-1054. Charge reductions or sentence concessions in consideration of truthful testimony.
- § 15A-1055. Evidence of grant of immunity or testimonial arrangement may be fully developed; impact may be argued to the jury.
- §§ 15A-1056 through 15A-1060. Reserved for future codification purposes.
- § 15A-1061. Mistrial for prejudice to defendant.
- § 15A-1062. Mistrial for prejudice to the State.
- § 15A-1063. Mistrial for impossibility of proceeding.
- § 15A-1064. Mistrial; finding of facts required.
- § 15A-1065. Procedure following mistrial.
- §§ 15A-1066 through 15A-1070. Reserved for future codification purposes.
- § 15A-1101. Applicability of superior court procedure.
- §§ 15A-1102 through 15A-1110. Reserved for future codification purposes.
- §15A-1111. General procedure for disposition of infractions.
- § 15A-1112. Venue.
- § 15A-1113. Prehearing procedure.
- § 15A-1114. Hearing procedure for infractions.
- § 15A-1115. Review of disposition by superior court.
- § 15A-1116. Enforcement of sanctions.
- § 15A-1117: Recodified as § 20-24.2 by Session Laws 1985 (Reg. Sess., 1986), c. 852, s. 3.
- § 15A-1118. Costs.
- § 15A-1201. Right to trial by jury.
- §§ 15A-1202 through 15A-1210. Reserved for future codification purposes.
- § 15A-1211. Selection procedure generally; role of judge; challenge to the panel; authority of judge to excuse jurors.
- § 15A-1212. Grounds for challenge for cause.
- § 15A-1213. Informing prospective jurors of case.
- § 15A-1214. Selection of jurors; procedure.
- § 15A-1215. Alternate jurors.
- § 15A-1216. Impaneling jury.
- § 15A-1217. Number of peremptory challenges.
- §§ 15A-1218 through 15A-1220. Reserved for future codification purposes.
- § 15A-1221. Order of proceedings in jury trial; reading of indictment prohibited.
- § 15A-1222. Expression of opinion prohibited.
- § 15A-1223. Disqualification of judge.
- § 15A-1224. Death or disability of trial judge.
- § 15A-1225. Exclusion of witnesses.
- § 15A-1226. Rebuttal evidence; additional evidence.
- § 15A-1227. Motion for dismissal.
- § 15A-1228. Notes by the jury.
- § 15A-1229. View by jury.
- § 15A-1230. Limitations on argument to the jury.
- § 15A-1231. Jury instructions.
- § 15A-1232. Jury instructions; explanation of law; opinion prohibited.
- § 15A-1233. Review of testimony; use of evidence by the jury.
- § 15A-1234. Additional instructions.
- § 15A-1235. Length of deliberations; deadlocked jury.
- § 15A-1236. Admonitions to jurors; regulation and separation of jurors.
- § 15A-1237. Verdict.
- § 15A-1238. Polling the jury.
- § 15A-1239. Judicial comment on verdict.
- § 15A-1240. Impeachment of the verdict.
- § 15A-1241. Record of proceedings.
- § 15A-1242. Defendant's election to represent himself at trial.
- § 15A-1243. Standby counsel for defendant representing himself.
- §§ 15A-1244 through 15A-1250. Reserved for future codification purposes.
- § 15A-1301. Order of commitment to imprisonment when not otherwise specified.
- §§ 15A-1302 through 15A-1310. Reserved for future codification purposes.
- § 15A-1321. Automatic civil commitment of defendants found not guilty by reason of insanity.
- § 15A-1322. Temporary restraint.
- §§ 15A-1323 through 15A-1330. Reserved for future codification purposes.
- § 15A-1331. Authorized sentences; conviction.
- § 15A-1331A. Forfeiture of licensing privileges after conviction of a felony.
- § 15A-1332. Presentence reports.
- § 15A-1333. Availability of presentence report.
- § 15A-1334. The sentencing hearing.
- § 15A-1335. Resentencing after appellate review.
- §§ 15A-1336 through 15A-1340. Reserved for future codification purposes.
- §§ 15A-1340.1 through 15A-1340.7: Repealed by Session Laws 1993, c. 538, s. 14.
- § 15A-1340.8. Reserved for future codification purposes.
- § 15A-1340.9. Reserved for future codification purposes.
- § 15A-1340.10. Applicability of structured sentencing.
- § 15A-1340.11. Definitions.
- § 15A-1340.12. Purposes of sentencing.
- § 15A-1340.13. Procedure and incidents of sentence of imprisonment for felonies.
- § 15A-1340.14. Prior record level for felony sentencing.
- § 15A-1340.15. Multiple convictions.
- § 15A-1340.16. Aggravated and mitigated sentences.
- § 15A-1340.16A. Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony and the defendant used, displayed, or threatened to use or display a firearm during the commission of the felony.
- § 15A-1340.16B. Life imprisonment without parole for a second or subsequent conviction of a Class B1 felony if the victim was 13 years of age or younger and there are no mitigating factors.
- § 15A-1340.16C. Enhanced sentence if defendant is convicted of a felony and the defendant was wearing or had in his or her immediate possession a bullet-proof vest during the commission of the felony.
- § 15A-1340.16D. Enhanced sentence if defendant is convicted of manufacture of methamphetamine and the offense resulted in serious injury to a law enforcement officer, probation officer, parole officer, emergency medical services employee, or a firef
- § 15A-1340.17. Punishment limits for each class of offense and prior record level.
- § 15A-1340.18. Reserved for future codification purposes.
- § 15A-1340.19. Reserved for future codification purposes.
- § 15A-1340.20. Procedure and incidents of sentence of imprisonment for misdemeanors.
- § 15A-1340.21. Prior conviction level for misdemeanor sentencing.
- § 15A-1340.22. Multiple convictions.
- § 15A-1340.23. Punishment limits for each class of offense and prior conviction level.
- §§ 15A-1340.24 through 15A-1340.33. Reserved for future codification purposes.
- § 15A-1340.34. Restitution generally.
- § 15A-1340.35. Basis for restitution.
- § 15A-1340.36. Determination of restitution.
- § 15A-1340.37. Effect of restitution order; beneficiaries.
- § 15A-1340.38. Enforcement of certain orders for restitution.
- § 15A-1341. Probation generally.
- § 15A-1342. Incidents of probation.
- § 15A-1343. Conditions of probation.
- § 15A-1343.1: Repealed by Session Laws 2002-126, s. 17.18, effective August 15, 2002.
- § 15A-1343.2. Special probation rules for persons sentenced under Article 81B.
- § 15A-1344. Response to violations; alteration and revocation.
- § 15A-1344.1. Procedure to insure payment of child support.
- § 15A-1345. Arrest and hearing on probation violation.
- § 15A-1346. Commencement of probation; multiple sentence.
- § 15A-1347. Appeal from revocation of probation or imposition of special probation upon violation.
- §§ 15A-1348 through 15A-1350: Reserved for future codification purposes.
- § 15A-1351. Sentence of imprisonment; incidents; special probation.
- § 15A-1352. Commitment to Department of Correction or local confinement facility.
- § 15A-1353. Order of commitment when imprisonment imposed; release pending appeal.
- § 15A-1354. Concurrent and consecutive terms of imprisonment.
- § 15A-1355. Calculation of terms of imprisonment.
- §§ 15A-1356 through 15A-1360. Reserved for future codification purposes.
- § 15A-1361. Authorized fines and penalties.
- § 15A-1362. Imposition of fines.
- § 15A-1363. Remission of a fine or costs.
- § 15A-1364. Response to nonpayment.
- § 15A-1365. Judgment for fines docketed; lien and execution.
- § 15A-1366. Reserved for future codification purposes.
- § 15A-1367. Reserved for future codification purposes.
- § 15A-1368. Definitions and administration.
- § 15A-1368.1. Applicability of Article 84A.
- § 15A-1368.2. Post-release supervision eligibility and procedure.
- § 15A-1368.3. Incidents of post-release supervision.
- § 15A-1368.4. Conditions of post-release supervision.
- § 15A-1368.5. Commencement of post-release supervision; multiple sentences.
- § 15A-1368.6. Arrest and hearing on post-release supervision violation.
- § 15A-1369. Reserved for future codification purposes.
- § 15A-1370. Reserved for future codification purposes.
- § 15A-1370.1. Applicability of Article 85.
- § 15A-1371. Parole eligibility, consideration, and refusal.
- § 15A-1372. Length and effect of parole term.
- § 15A-1373. Incidents of parole.
- § 15A-1374. Conditions of parole.
- § 15A-1375. Commencement of parole; multiple sentences.
- § 15A-1376. Arrest and hearing on parole violation.
- § 15A-1377. Repealed by Session Laws 1977, 2nd Sess., c. 1147, s. 27.
- §§ 15A-1378 through 15A-1380. Reserved for future codification purposes.
- § 15A-1381. Disposition defined.
- § 15A-1382. Reports of disposition; fingerprints.
- § 15A-1382.1. Reports of disposition; domestic violence; sentencing.
- § 15A-1383. Plans for implementation of Article; punishment for failure to comply; modification of plan.
- §§ 15A-1384 through 15A-1390. Reserved for future codification purposes.
- § 15A-1401. Post-trial motions and appeal.
- §§ 15A-1402 through 15A-1410. Reserved for future codification purposes.
- § 15A-1411. Motion for appropriate relief.
- § 15A-1412. Provisions of Article procedural.
- § 15A-1413. Trial judges empowered to act.
- § 15A-1414. Motion by defendant for appropriate relief made within 10 days after verdict.
- § 15A-1415. Grounds for appropriate relief which may be asserted by defendant after verdict; limitation as to time.
- § 15A-1416. Motion by the State for appropriate relief.
- § 15A-1417. Relief available.
- § 15A-1418. Motion for appropriate relief in the appellate division.
- § 15A-1419. When motion for appropriate relief denied.
- § 15A-1420. Motion for appropriate relief; procedure.
- § 15A-1421. Indigent defendants.
- § 15A-1422. Review upon appeal.
- §§ 15A-1423 through 15A-1430. Reserved for future codification purposes.
- § 15A-1431. Appeals by defendants from magistrate and district court judge; trial de novo.
- § 15A-1432. Appeals by State from district court judge.
- §§ 15A-1433 through 15A-1440. Reserved for future codification purposes.
- § 15A-1441. Correction of errors by appellate division.
- § 15A-1442. Grounds for correction of error by appellate division.
- § 15A-1443. Existence and showing of prejudice.
- § 15A-1444. When defendant may appeal; certiorari.
- § 15A-1445. Appeal by the State.
- § 15A-1446. Requisites for preserving the right to appellate review.
- § 15A-1447. Relief available upon appeal.
- § 15A-1448. Procedures for taking appeal.
- § 15A-1449. Security for costs not required.
- § 15A-1450. Withdrawal of appeal.
- § 15A-1451. Stay of sentence; bail; no stay when State appeals.
- § 15A-1452. Execution of sentence upon determination of appeal; compliance with directive of appellate court.
- § 15A-1453. Ancillary actions during appeal.
- § 15A-2000. Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.
- § 15A-2001. Capital offenses; plea of guilty.
- § 15A-2002. Capital offenses; jury verdict and sentence.
- § 15A-2003. Disability of trial judge.
- § 15A-2004. Prosecutorial discretion.
- § 15A-2005. Mentally retarded defendants; death sentence prohibited.
- § 15A-2006: Expired pursuant to Session Laws 2001-346, s. 3, effective October 1, 2002.
Disclaimer: These codes may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
