State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1011



§ 15A‑1011.  Pleas indistrict and superior courts; waiver of appearance.

(a)        A defendant mayplead not guilty, guilty, or no contest "(nolo contendere)." A pleamay be received only from the defendant himself in open court except when:

(1)        The defendant is acorporation, in which case the plea may be entered by counsel or a corporateofficer; or

(2)        There is a waiver ofarraignment and a filing of a written plea of not guilty under G.S. 15A‑945;or

(3)        In misdemeanor casesthere is a written waiver of appearance submitted with the approval of thepresiding judge; or

(4)        Written pleas intraffic cases, hunting and fishing offenses under Chapter 113, and boatingoffenses under Chapter 75A are authorized under G.S. 7A‑146(8); or

(5)        The defendantexecutes a waiver and plea of not guilty as provided in G.S. 15A‑1011(d).

(6)        The defendant,before a magistrate or clerk of court, enters a written appearance, waiver oftrial and plea of guilty and at the same time makes restitution in a case whereinthe sole allegation is a violation of G.S. 14‑107, the check is in anamount provided in G.S. 7A‑273(8), and the warrant does not charge afourth or subsequent violation of this statute.

(b)        A defendant mayplead no contest only with the consent of the prosecutor and the presidingjudge.

(c)        Upon entry of aplea of guilty or no contest or after conviction on a plea of not guilty, thedefendant may request permission to enter a plea of guilty or no contest as toother crimes with which he is charged in the same or another prosecutorialdistrict as defined in G.S. 7A‑60. A defendant may not enter any plea tocrimes charged in another prosecutorial district as defined in G.S. 7A‑60unless the district attorney of that district consents in writing to the entryof such plea. The prosecutor or his representative may appear in person or byfiling an affidavit as to the nature of the evidence gathered as to these othercrimes. Entry of a plea under this subsection constitutes a waiver of venue. Asuperior court is granted jurisdiction to accept the plea, upon an appropriateindictment or information, even though the case may otherwise be within theexclusive original jurisdiction of the district court. A district court mayaccept pleas under this section only in cases within the original jurisdictionof the district court and in cases within the concurrent jurisdiction of thedistrict and superior courts pursuant to G.S. 7A‑272(c).

(d)        A defendant mayexecute a written waiver of appearance and plead not guilty and designate legalcounsel to appear in his behalf in the following circumstances:

(1)        The defendant agreesin writing to waive the right to testify in person and waives the right to facehis accusers in person and agrees to be bound by the decision of the court asin any other case of adjudication of guilty and entry of judgment, subject tothe right of appeal as in any other case; and

(2)        The defendantsubmits in writing circumstances to justify the request and submits in writinga request to proceed under this section; and

(3)        The judge allows theabsence of the defendant because of distance, infirmity or other good cause.

(e)        In the event thejudge shall permit the procedure set forth in the foregoing subsection (d), theState may offer evidence and the defendant may offer evidence, with right ofcross‑examination of witnesses, and the other procedures, including theright of the prosecutor to dismiss the charges, shall be the same as in anyother criminal case, except for the absence of defendant. (1973,c. 1286, s. 1; 1975, c. 166, s. 27; c. 626, s. 1; 1983, c. 586, s. 3; 1987, c.355, s. 4; 1987 (Reg. Sess., 1988), c. 1037, s. 64; 1995 (Reg. Sess., 1996), c.725, s. 5.)