2005 North Carolina Code - General Statutes § 15A-1008. Dismissal of charges.

§ 15A‑1008.  Dismissal of charges.

When a defendant lacks capacity to proceed, the court may dismiss the charges:

(1)       When it appears to the satisfaction of the court that the defendant will not gain capacity to proceed; or

(2)       When the defendant has been substantially deprived of his liberty for a period of time equal to or in excess of the maximum permissible period of confinement for the crime or crimes charged; or

(3)       Upon the expiration of a period of five years from the date of determination of incapacity to proceed in the case of misdemeanor charges and a period of 10 years in the case of felony charges. (1973, c. 1286, s. 1.)