State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1009

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

(a)        If a defendant isfound by the court to be incapable of proceeding and the charges have not beendismissed pursuant to G.S. 15A‑1008, a prosecutor may enter a dismissal withleave under this section.

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

(c)        The prosecutor mayenter the dismissal with leave orally in open court or by filing the dismissalin writing with the clerk. If the dismissal is entered orally, the clerk mustnote the nature of the dismissal in the case records.

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

(e)        A dismissal withleave entered under this section is no longer  in effect if the court laterdismisses the charges pursuant to G.S. 15A‑1008.

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