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State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A

§§ 15A-1 through 15A-100. Reserved for future codification purposes.
§ 15A-101. Definitions.
§ 15A-101.1. Electronic technology in criminal process and procedure.
§§ 15A-102 through 15A-130. Reserved for future codification purposes.
§ 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-145.1. Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses.
§ 15A-145.2. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses.
§ 15A-145.3. Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses.
§ 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. (Effective October 1, 2010) Notification requirements.
§ 15A-151. (Effective October 1, 2010) AOC maintain confidential file.
§ 15A-152. (Effective October 1, 2010) Civil liability for dissemination of certain criminal history information.
§ 15A-153. Reserved for future codification purposes.
§ 15A-154. Reserved for future codification purposes.
§ 15A-155. Reserved for future codification purposes.
§ 15A-156. Reserved for future codification purposes.
§ 15A-157. Reserved for future codification purposes.
§ 15A-158. Reserved for future codification purposes.
§ 15A-159. Reserved for future codification purposes.
§ 15A-160. Reserved for future codification purposes.
§ 15A-161. Reserved for future codification purposes.
§ 15A-162. Reserved for future codification purposes.
§ 15A-163. Reserved for future codification purposes.
§ 15A-164. Reserved for future codification purposes.
§ 15A-165. Reserved for future codification purposes.
§ 15A-166. Reserved for future codification purposes.
§ 15A-167. Reserved for future codification purposes.
§ 15A-168. Reserved for future codification purposes.
§ 15A-169. Reserved for future codification purposes.
§ 15A-170. Reserved for future codification purposes.
§ 15A-171. Reserved for future codification purposes.
§ 15A-172. Reserved for future codification purposes.
§§ 15A-173 through 15A-200. Reserved for future codification purposes.
§§ 15A-201 through 15A-210. Reserved for future codification purposes.
§ 15A-211. Electronic recording of interrogations.
§ 15A-212. Reserved for future codification purposes.
§ 15A-213. Reserved for future codification purposes.
§ 15A-214. Reserved for future codification purposes.
§ 15A-215. Reserved for future codification purposes.
§ 15A-216. Reserved for future codification purposes.
§ 15A-217. Reserved for future codification purposes.
§ 15A-218. Reserved for future codification purposes.
§ 15A-219. Reserved for future codification purposes.
§ 15A-220. 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 biological evidence.
§ 15A-269. Request for postconviction DNA testing.
§ 15A-270. Post-test procedures.
§ 15A-270.1. Right to appeal denial of defendant's motion for DNA testing.
§ 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-284.50. Short title.
§ 15A-284.51. Purpose.
§ 15A-284.52. Eyewitness identification reform.
§ 15A-284.53. Training of law enforcement officers.
§ 15A-285. Non-law-enforcement actions when urgently necessary.
§ 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-306 through 15A-353. Reserved for future codification purposes.
§§ 15A-354 through 15A-400. Reserved for future codification purposes.
§ 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-410 through 15A-453. Reserved for future codification purposes.
§§ 15A-454 through 15A-500: 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-534.6. Bail in cases of manufacture of methamphetamine.
§ 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-548 through 15A-574: Reserved for future codification purposes.
§§ 15A-575 through 15A-600: 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 di
§ 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-647 through 15A-673. Reserved for future codification purposes.
§§ 15A-674 through 15A-700. Reserved for future codification purposes.
§§ 15A-701 through 15A-710: Repealed by Session Laws 1989, c. 688, s. 1.
§ 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: Recodified as G.S. 15A-534.6 by Session Laws 2007-484, s. 4, effective August 30, 2007.
§ 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-774 through 15A-786. Reserved for future codification purposes.
§§ 15A-787 through 15A-800. Reserved for future codification purposes.
§ 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-831.1. Polygraph examinations of victims of sexual assaults.
§ 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-850 through 15A-900. 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-981 through 15A-990. Reserved for future codification purposes.
§§ 15A-991 through 15A-1000. Reserved for future codification purposes.
§ 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-1040 through 15A-1050. 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-1071 through 15A-1080. Reserved for future codification purposes.
§§ 15A-1081 through 15A-1100. 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-1119 through 15A-1200. Reserved for future codification purposes.
§ 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-1225.1. Child witnesses; remote testimony.
§ 15A-1225.2. Witnesses with developmental disabilities or mental retardation; remote testimony.
§ 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-1251 through 15A-1260. Reserved for future codification purposes.
§§ 15A-1261 through 15A-1280. Reserved for future codification purposes.
§§ 15A-1281 through 15A-1290. Reserved for future codification purposes.
§§ 15A-1291 through 15A-1300. 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-1311 through 15A-1320: 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. Compliance with criminal case firearm notification requirements of the federal Violence Against Women Act.
§ 15A-1337. Reserved for future codification purposes.
§ 15A-1338. Reserved for future codification purposes.
§ 15A-1339. Reserved for future codification purposes.
§ 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 or deadly weapon during
§ 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
§ 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-1340.39: Reserved for future codification purposes.
§ 15A-1340.40: Reserved for future codification purposes.
§ 15A-1340.41: Reserved for future codification purposes.
§ 15A-1340.42: Reserved for future codification purposes.
§ 15A-1340.43: Reserved for future codification purposes.
§ 15A-1340.44: Reserved for future codification purposes.
§ 15A-1340.45: Reserved for future codification purposes.
§ 15A-1340.46: Reserved for future codification purposes.
§ 15A-1340.47: Reserved for future codification purposes.
§ 15A-1340.48: Reserved for future codification purposes.
§ 15A-1340.49: Reserved for future codification purposes.
§ 15A-1340.50. Permanent no contact order prohibiting future contact by convicted sex offender with crime victim.
§ 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-1343.3. Department of Corrections to establish regulations for continuous alcohol monitoring systems.
§ 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. Definitions.
§ 15A-1369.1. Authority to release.
§ 15A-1369.2. Eligibility.
§ 15A-1369.3. Procedure for medical release.
§ 15A-1369.4. Conditions of medical release.
§ 15A-1369.5. Change in medical status.
§ 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-1380.1 through 15A-1380.4: Repealed by Session Laws 1993, c. 538, s. 24.
§ 15A-1380.5: Repealed by Session Laws 1998-212, s. 19.4(q).
§ 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-1391 through 15A-1400. 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-1454. Reserved for future codification purposes.
§ 15A-1455. Reserved for future codification purposes.
§ 15A-1456. Reserved for future codification purposes.
§ 15A-1457. Reserved for future codification purposes.
§ 15A-1458. Reserved for future codification purposes.
§ 15A-1459. Reserved for future codification purposes.
§ 15A-1460. Definitions.
§ 15A-1461. Purpose of Article.
§ 15A-1462. Commission established.
§ 15A-1463. Membership; chair; meetings; quorum.
§ 15A-1464. Terms of members; compensation; expenses.
§ 15A-1465. Director and other staff.
§ 15A-1466. Duties.
§ 15A-1467. Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim.
§ 15A-1468. Commission proceedings.
§ 15A-1469. Postcommission three-judge panel.
§ 15A-1470. No right to further review of decision by Commission or three-judge panel; convicted person retains right to other postconviction relief.
§ 15A-1471. Reserved for future codification purposes.
§ 15A-1472. Reserved for future codification purposes.
§ 15A-1473. Reserved for future codification purposes.
§ 15A-1474. Reserved for future codification purposes.
§ 15A-1475. Reports.
§§ 15A-1476 through 15A-1999. Reserved for future codification purposes.
§ 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.
§ 15A-2007: Reserved for future codification purposes.
§ 15A-2008: Reserved for future codification purposes.
§ 15A-2009: Reserved for future codification purposes.
§ 15A-2010. North Carolina Racial Justice Act.
§ 15A-2011. Proof of racial discrimination.
§ 15A-2012. Hearing procedure.