State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-611

Article30.

Probable‑CauseHearing.

§ 15A‑611.  Probable‑causehearing procedure.

(a)        At the probable‑causehearing:

(1)        A prosecutor mustrepresent the State.

(2)        The defendant may berepresented by counsel.

(3)        The defendant maytestify as a witness in his own behalf and  call and examine other witnesses,and produce other evidence in his behalf.

(4)        Each witness musttestify under oath or affirmation and is subject to cross‑examination.

(b)        The State must bynonhearsay evidence, or by evidence that satisfies an exception to the hearsayrule, show that there is probable cause to believe that the offense charged hasbeen committed  and that there is probable cause to believe that the defendantcommitted it, except:

(1)        A report or copy ofa report made by a physicist, chemist, firearms identification expert,fingerprint technician, or an expert or technician in some other scientific,professional,  or medical field, concerning the results of an examination,comparison, or test performed by him in connection with the case in issue, whenstated by such person in a report made by him, is admissible in evidence.

(2)        If there is noserious contest, reliable hearsay is admissible to prove value, ownership ofproperty, possession of property in another than the defendant, lack of consentof the owner, possessor, or custodian of property to its taking or to thebreaking or entering of premises, chain of custody, authenticity of signatures,and the existence and text of a particular ordinance or regulation of a governmentalunit or agency.

The district court judge is notrequired to exclude evidence on the ground that it was acquired by unlawfulmeans.

(c)        If a defendantappears at a probable‑cause hearing without counsel, the judge mustdetermine whether counsel has been waived. If he determines that counsel hasbeen waived, he may proceed without counsel. If he determines that counsel hasnot been waived, except in a situation covered by G.S. 15A‑606(e) he musttake appropriate action to secure the defendant's right to counsel.

(d)        A probable‑causehearing may not be held if an information in superior court is filed uponwaiver of indictment before the date set  for the hearing. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)