State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1054

§15A‑1054.  Charge reductions or sentence concessions in consideration oftruthful testimony.

(a)        Whether or not agrant of immunity is conferred under this Article, a prosecutor, when theinterest of justice requires, may exercise his discretion not to try anysuspect for offenses believed to have been committed within the prosecutorialdistrict as defined in G.S. 7A‑60, to agree to charge reductions, or toagree to recommend sentence concessions, upon the understanding or agreementthat the suspect will provide truthful  testimony in one or more criminalproceedings.

(b)        Recommendations asto sentence concessions must be made to the trial judge by the prosecutor inaccordance with the provisions of Article 58 of this Chapter, Procedure[s]Relating to Guilty Pleas in Superior Court.

(c)        When a prosecutorenters into any arrangement authorized by this section, written notice fullydisclosing the terms of the arrangement must be provided to defense counsel, orto the defendant if not represented by counsel, against whom such testimony isto be offered, a reasonable time prior to any proceeding in which the personwith whom the arrangement is made is expected to testify. Upon motion of thedefendant or his counsel on grounds of surprise or for other good cause or whenthe interests of justice require, the court must grant a recess. (1973,c. 1286, s. 1; 1975, c. 166, s. 27; 1987 (Reg. Sess., 1988), c. 1037, s. 65.)