US Laws, Codes, Statutes & Cases

Article 4.

Entry and Withdrawal of Attorney in Criminal Case.

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

An attorney enters a criminal proceeding when he:

(1)       Files a written notice of entry with the clerk indicating an intent to represent a defendant in a specified criminal proceeding; or

(2)       Appears in a criminal proceeding without limiting the extent of his representation; or

(3)       Appears in a criminal proceeding for a limited purpose and indicates the extent of his representation by filing written  notice thereof with the clerk; or

(4)       Accepts assignment to represent an indigent defendant under the terms of Article 36 of Chapter 7A of the General Statutes; or

(5)       Files a written waiver of arraignment, except that representation in this instance may not be limited pursuant to subdivision (3). (1973, c. 1286, s. 1; 1975, 2nd Sess., c. 983, s. 135.)

§ 15A‑142.  Requirement that clerk record entry.

The clerk must note each entry by an attorney in the records of the proceeding. (1973, c. 1286, s. 1.)

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

An attorney who enters a criminal proceeding without limiting the extent of his representation pursuant to G.S. 15A‑141(3)  undertakes to represent the defendant for whom the entry is made at all subsequent stages of the case until entry of final judgment, at the trial stage. An attorney who appears for a limited purpose under the provisions of G.S. 15A‑141(3) undertakes to represent the defendant only for that purpose and is deemed to have withdrawn from the proceedings, without the need for permission of the court, when that purpose is fulfilled. (1973, c. 1286, s. 1; 1977, c. 1117.)

§ 15A‑144.  Withdrawal of attorney with permission of court.

The court may allow an attorney to withdraw from a criminal proceeding upon a showing of good cause. (1973, c. 1286, s. 1.)