State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-931

Article50.

Voluntary Dismissal.

§ 15A‑931.  Voluntarydismissal of criminal charges by the State.

(a)        Except as providedin G.S. 20‑138.4, the prosecutor may dismiss any charges stated in acriminal pleading including those deferred for prosecution by entering an oraldismissal in open court before or during the trial, or by filing a writtendismissal with the clerk at any time. The clerk must record the dismissalentered by the prosecutor and note in the case file whether a jury has beenimpaneled or evidence has been introduced.

(a1)      Unless the defendantor the defendant's attorney has been notified otherwise by the prosecutor, awritten dismissal of the charges against the defendant filed by the prosecutorshall be served in the same manner prescribed for motions under G.S. 15A‑951.In addition, the written dismissal shall also be served on the chief officer ofthe custodial facility when the record reflects that the defendant is incustody.

(b)        No statute oflimitations is tolled by charges which have been dismissed pursuant to thissection. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1983, c.435, s. 5; 1991, c. 109, s. 1; 1997‑228, s. 1.)