State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-932

§15A‑932.  Dismissal with leave when defendant fails to appear and cannotbe readily found or pursuant to a deferred prosecution agreement.

(a)        The prosecutor mayenter a dismissal with leave for nonappearance when a defendant:

(1)        Cannot be readilyfound to be served with an order for arrest after the grand jury had indictedhim; or

(2)        Fails to appear at acriminal proceeding at which his attendance is required, and the prosecutorbelieves the defendant cannot be readily found.

(a1)      The prosecutor mayenter a dismissal with leave pursuant to a deferred prosecution agreemententered into in accordance with the provisions of Article 82 of this Chapter.

(b)        Dismissal withleave for nonappearance or pursuant to a deferred prosecution agreement resultsin removal of the case from the docket of the court, but all processoutstanding retains its validity, and all necessary actions to apprehend thedefendant, investigate the case, or otherwise further its prosecution may betaken, including the issuance of nontestimonial identification orders, searchwarrants, new process, initiation of extradition proceedings, and the like.

(c)        The prosecutor mayenter the dismissal with leave for nonappearance or pursuant to a deferredprosecution agreement orally in open court or by filing the dismissal inwriting with the clerk. If the dismissal for nonappearance or pursuant to adeferred prosecution agreement is entered orally, the clerk must note thenature of the dismissal in the case records.

(d)        Upon apprehensionof the defendant, or in the discretion of the prosecutor when he believesapprehension is imminent, the prosecutor may reinstitute the proceedings byfiling written notice with the clerk.

(e)        If the defendantfails to comply with the terms of a deferred prosecution agreement, theprosecutor may reinstitute the proceedings by filing written notice with theclerk. (1977, c. 777, s. 1; 1985, c. 250; 1994, Ex. Sess., c.2.)