2005 North Carolina Code - General Statutes § 15A-604. Determination of sufficiency of charge.

§ 15A‑604.  Determination of sufficiency of charge.

 (a) The judge must examine each criminal process or magistrate's order and determine whether each charge against the defendant charges a criminal offense within the original jurisdiction of the superior court.

(b)       If the judge determines that the process or order fails to charge a criminal offense within the original jurisdiction of the superior court, he must notify the prosecutor and take further appropriate action, including one or more of the following:

(1)       Dismiss the charge.

(2)       Permit the State to amend the statement of the crime in the process or order.

(3)       Continue the proceedings, for not more than 24 hours, to permit the State to initiate new charges.

(4)       With the consent of the prosecutor, set the case for trial in the district court if the charge is found to be within the original jurisdiction of the district court. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)