State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-278

§15A‑278.  Contents of order.

An order to appear must besigned by the judge and must state:

(1)        That the presence ofthe person named or described in the affidavit is required for the purpose ofpermitting nontestimonial identification procedures in order to aid in theinvestigation of the offense specified therein;

(2)        The time and placeof the required appearance;

(3)        The nontestimonialidentification procedures to be conducted, the methods to be used, and theapproximate length of time such procedures will require;

(4)        The grounds tosuspect that the person named or described in the affidavit committed theoffense specified therein;

(5)        That the person isentitled to be represented by counsel at the procedure, and to the appointmentof counsel if he cannot afford to retain one;

(6)        That the person willnot be subjected to any interrogation or asked to make any statement during theperiod of his appearance except that required for voice identification;

(7)        That the person mayrequest the judge to make a reasonable modification of the order with respectto time and place of appearance, including a request to have any nontestimonialidentification procedure other than a lineup conducted at his place ofresidence; and

(8)        That the person, ifhe fails to appear, may be held in contempt of court. (1973,c. 1286, s. 1.)