State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-771

Article39.

Other Special Process forAttendance of Defendants.

§ 15A‑771.  Securingattendance of defendants confined in federal prisons.

(a)        A defendant againstwhom a criminal action is pending in this State, and who is confined in afederal prison or custody either within or outside the State, may, with theconsent of the Attorney General of the United States, be produced in such courtfor the purpose of criminal prosecution, pursuant to the provisions of:

(1)        Section 4085 ofTitle 18 of the United States Code; or

(2)        Subsection (b) ofthis section.

(b)        When such adefendant is in federal custody as specified in subsection (a), a superiorcourt may, upon application of the prosecutor, issue a certificate, addressedto the Attorney General of  the United States, certifying the charges and thecourt in which they are pending, and that attendance of the defendant in suchcourt for the purpose of criminal prosecution thereon is necessary in theinterest of justice, and requesting the Attorney General of the United Statesto cause such defendant to be produced in such court, under custody of afederal public servant, upon a designated date and for a period of timenecessary to complete the prosecution. Upon issuing such a certificate, thecourt may deliver it, or cause or authorize it to be delivered, together with acertified copy of the charges upon which it is based, to the Attorney Generalof the United States or to his representative authorized to entertain therequest. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)