State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1113

§15A‑1113.  Prehearing procedure.

(a)        Process. – A lawenforcement officer may issue a citation for an infraction in accordance withthe provisions of G.S. 15A‑302. A judicial official may issue a summonsfor an infraction in accordance with the provisions of G.S. 15A‑303.

(b)        Detention of PersonCharged. – A law enforcement officer who has probable cause to believe a personhas committed an infraction may detain the person for a reasonable period inorder to issue and serve him a citation.

(c)        Appearance Bond MayBe Required. – A person charged with an infraction may not be required to postan appearance bond if:

(1)        He is licensed todrive by a state that subscribes to the nonresident violator compact as definedin Article 1B of Chapter 20 of the General Statutes, the infraction charged issubject to the provisions of that compact, and he executes a personalrecognizance as defined by that compact.

(2)        He is a resident ofNorth Carolina.

Any other person charged with aninfraction may be required to post a  bond to secure his appearance and acharging officer may require such a person charged to accompany him to ajudicial official's office to allow the official to determine if a bond isnecessary to secure the person's court appearance, and if so, what kind of bondis to be used. If the judicial official finds that the person is unable to posta secured bond, he must allow the person to be released on execution of anunsecured bond. The provisions of Article 26 of this Chapter relating toissuance and forfeiture of bail bonds are applicable to bonds required pursuantto this subsection.

(d)        TerritorialJurisdiction. – A law enforcement officer's territorial jurisdiction to chargea person with an infraction is the same as his jurisdiction to arrest specifiedin G.S. 15A‑402.

(e)        Use of Same Processfor Two Offenses. – A person may be charged with a criminal offense and aninfraction in the same pleading. (1985, c. 764, s. 3; 1985(Reg. Sess., 1986), c. 852, s. 12.)