2009 North Carolina Code
Chapter 15A - Criminal Procedure Act.
§ 15A-1009. Dismissal with leave when defendant is found incapable of proceeding.

§ 15A‑1009.  Dismissal with leave when defendant is found incapable of proceeding.

(a)        If a defendant is found by the court to be incapable of proceeding and the charges have not been dismissed pursuant to G.S. 15A‑1008, a prosecutor may enter a dismissal with leave under this section.

(b)        Dismissal with leave results in removal of the case from the docket of the court, but all process outstanding, with the exception of any appearance bond, retains its validity, and all necessary actions in the case may be taken.

(c)        The prosecutor may enter the dismissal with leave orally in open court or by filing the dismissal in writing with the clerk. If the dismissal is entered orally, the clerk must note the nature of the dismissal in the case records.

(d)        Upon the defendant becoming capable of proceeding, or in the discretion of the prosecutor when he believes the defendant may soon become capable of proceeding, the prosecutor may reinstitute the proceedings by filing written notice with the clerk, with the defendant and with the defendant's attorney of record.

(e)        A dismissal with leave entered under this section is no longer  in effect if the court later dismisses the charges pursuant to G.S. 15A‑1008.

(f)         Nothing in this section shall limit or prohibit the court from  dismissing criminal charges pursuant to G.S. 15A‑1008 upon motion by the defendant or upon the court's own motion. (1983, c. 460, s. 1.)