State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-305

§ 15A‑305.  Order forarrest.

(a)        Definition. – Asused in this section, an order for arrest is an order issued by a justice,judge, clerk, or magistrate that a law‑enforcement officer take a namedperson into custody.

(b)        When Issued. – Anorder for arrest may be issued when:

(1)        A grand jury hasreturned a true bill of indictment against a defendant who is not in custodyand who has not been released from custody pursuant to Article 26 of thisChapter, Bail, to answer to the charges in the bill of indictment.

(2)        A defendant who hasbeen arrested and released from custody pursuant to Article 26 of this Chapter,Bail, fails to appear as required.

(3)        The defendant hasfailed to appear as required by a duly executed criminal summons issuedpursuant to G.S. 15A‑303 or a citation issued by a law enforcementofficer or other person authorized by statute pursuant to G.S. 15A‑302that charged the defendant with a misdemeanor.

(4)        A defendant hasviolated the conditions of probation.

(5)        In any criminalproceeding in which the defendant has become subject to the jurisdiction of thecourt, it becomes necessary to take the defendant into custody.

(6)        It is authorized byG.S. 15A‑803 in connection with material witness proceedings.

(7)        The common‑lawwrit of capias has heretofore been issuable.

(8)        When a defendantfails to appear as required in a show cause order issued in a criminalproceeding.

(9)        It is authorized byG.S. 5A‑16 in connection with contempt proceedings.

(c)        Statement of Causeand Order; Copy of Indictment. –

(1)        The process muststate the cause for its issuance and order an officer described in G.S. 15A‑301(b)to take the person named therein into custody and bring him before the court.If the defendant is to be held without bail, the order must so provide.

(2)        When the order isissued pursuant to subdivision (b)(1), a copy of the bill of indictment must beattached to each copy of the order for arrest.

(d)        Who May Issue. – Anorder for arrest, valid throughout the State, may be issued by any person authorizedto issue warrants for arrest. (1973, c. 1286, s. 1; 1975, c. 166, s. 6; 1977, c.711, s. 21; 2003‑15, s. 2.)