State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1022

§15A‑1022.  Advising defendant of consequences of guilty plea; informedchoice; factual basis for plea; admission of guilt not required.

(a)        Except in the caseof corporations or in misdemeanor cases in which there is a waiver ofappearance under G.S. 15A‑1011(a)(3), a superior court judge may notaccept a plea of guilty or no contest from the defendant without firstaddressing him personally and:

(1)        Informing him thathe has a right to remain silent and that any statement he makes may be usedagainst him;

(2)        Determining that heunderstands the nature of the charge;

(3)        Informing him thathe has a right to plead not guilty;

(4)        Informing him thatby his plea he waives his right to trial by jury and his right to be confrontedby the witnesses against him;

(5)        Determining that thedefendant, if represented by counsel, is satisfied with his representation;

(6)        Informing him of themaximum possible sentence on the charge for the class of offense for which thedefendant is being sentenced, including that possible from consecutivesentences, and of the mandatory minimum sentence, if any, on the charge; and

(7)        Informing him thatif he is not a citizen of the United States of America, a plea of guilty or nocontest may result in deportation, the exclusion from admission to thiscountry, or the denial of naturalization under federal law.

(b)        By inquiring of theprosecutor and defense counsel and the defendant personally, the judge mustdetermine whether there were any prior plea discussions, whether the partieshave entered into any arrangement with respect to the plea and the termsthereof, and whether any improper pressure was exerted in violation of G.S. 15A‑1021(b). The judge may not accept a plea of guilty or no contest from a defendantwithout first determining that the plea is a product of informed choice.

(c)        The judge may notaccept a plea of guilty or no contest without first determining that there is afactual basis for the plea.  This determination may be based upon informationincluding but not limited to:

(1)        A statement of thefacts by the prosecutor.

(2)        A written statementof the defendant.

(3)        An examination ofthe presentence report.

(4)        Sworn testimony,which may include reliable hearsay.

(5)        A statement of factsby the defense counsel.

(d)        The judge mayaccept the defendant's plea of no contest even though the defendant does notadmit that he is in fact guilty if the judge is nevertheless satisfied thatthere is a factual basis for the plea.  The judge must advise the defendantthat if he pleads no contest he will be treated as guilty whether or not headmits guilt. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1989, c.280; 1993, c. 538, s. 10; 1994, Ex. Sess., c. 24, s. 14(b).)