State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-273

§ 7A‑273.  Powers of magistrates in infractionsor criminal actions.

In criminal actions or infractions, any magistrate has power:

(1)        In infraction cases in which the maximum penalty that can beimposed is not more than fifty dollars ($50.00), exclusive of costs, or inClass 3 misdemeanors, other than the types of infractions and misdemeanorsspecified in subdivision (2) of this section, to accept guilty pleas oradmissions of responsibility and enter judgment;

(2)        In misdemeanor or infraction cases involving alcoholoffenses under Chapter 18B of the General Statutes, traffic offenses, hunting,fishing, State park and recreation area rule offenses under Chapter 113 of theGeneral Statutes, boating offenses under Chapter 75A of the General Statutes,and littering offenses under G.S. 14‑399(c) and G.S. 14‑399(c1), toaccept written appearances, waivers of trial or hearing and pleas of guilty oradmissions of responsibility, in accordance with the schedule of offenses andfines or penalties promulgated by the Conference of Chief District Judgespursuant to G.S. 7A‑148, and in such cases, to enter judgment and collectthe fines or penalties and costs;

(2a)      In misdemeanor cases involving the violation of a countyordinance authorized by law regulating the use of dune or beach buggies orother power‑driven vehicles specified by the governing body of the countyon the foreshore, beach strand, or the barrier dune system, to accept writtenappearances, waivers of trial or hearing, and pleas of guilty or admissions ofresponsibility, in accordance with the schedule of offenses and fines orpenalties promulgated by the Conference of Chief District Court Judges pursuantto G.S. 7A‑148, and in such cases, to enter judgment and collect thefines or penalties and costs;

(3)        To issue arrest warrants valid throughout the State;

(4)        To issue search warrants valid throughout the county;

(5)        To grant bail before trial for any noncapital offense;

(6)        Notwithstanding the provisions of subdivision (1) of thissection, to hear and enter judgment as the chief district judge shall direct inall worthless check cases brought under G.S. 14‑107, when the amount ofthe check is two thousand dollars ($2,000) or less. Provided, however, thatunder this section magistrates may not impose a prison sentence longer than 30days;

(7)        To conduct an initial appearance as provided in G.S. 15A‑511;and

(8)        To accept written appearances, waivers of trial and pleas ofguilty in violations of G.S. 14‑107 when the amount of the check is twothousand dollars ($2,000) or less, restitution, including service charges andprocessing fees allowed by G.S. 14‑107, is made, and the warrant does notcharge a fourth or subsequent violation of this statute, and in these cases toenter judgments as the chief district judge directs.

(9)        Repealed by Session Laws 1991 (Regular Session, 1992), c.900, s. 118(d). (1965, c. 310, s. 1; 1969,c. 876, s. 2; c. 1190, s. 25; 1973, c. 6; c. 503, s. 8; c. 1286, s. 7; 1975, c.626, s. 4; 1977, c. 873, s. 1; 1979, c. 144, s. 3; 1981, c. 555, s. 3; 1983, c.586, s. 5; 1985, c. 425, s. 4; c. 764, s. 16; 1985 (Reg. Sess., 1986), c. 852,s. 17; 1987, c. 355, ss. 1, 2; 1989, c. 343; c. 763; 1989 (Reg. Sess., 1990),c. 1041, s. 1; 1991, c. 520, s. 2; 1991 (Reg. Sess., 1992), c. 900, s. 118(d); 1993,c. 374, s. 4; c. 538, s. 35; 1994, Ex. Sess., c. 14, s. 1; c. 24, s. 14(b);1999‑80, s. 1; 2002‑159, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-273

§ 7A‑273.  Powers of magistrates in infractionsor criminal actions.

In criminal actions or infractions, any magistrate has power:

(1)        In infraction cases in which the maximum penalty that can beimposed is not more than fifty dollars ($50.00), exclusive of costs, or inClass 3 misdemeanors, other than the types of infractions and misdemeanorsspecified in subdivision (2) of this section, to accept guilty pleas oradmissions of responsibility and enter judgment;

(2)        In misdemeanor or infraction cases involving alcoholoffenses under Chapter 18B of the General Statutes, traffic offenses, hunting,fishing, State park and recreation area rule offenses under Chapter 113 of theGeneral Statutes, boating offenses under Chapter 75A of the General Statutes,and littering offenses under G.S. 14‑399(c) and G.S. 14‑399(c1), toaccept written appearances, waivers of trial or hearing and pleas of guilty oradmissions of responsibility, in accordance with the schedule of offenses andfines or penalties promulgated by the Conference of Chief District Judgespursuant to G.S. 7A‑148, and in such cases, to enter judgment and collectthe fines or penalties and costs;

(2a)      In misdemeanor cases involving the violation of a countyordinance authorized by law regulating the use of dune or beach buggies orother power‑driven vehicles specified by the governing body of the countyon the foreshore, beach strand, or the barrier dune system, to accept writtenappearances, waivers of trial or hearing, and pleas of guilty or admissions ofresponsibility, in accordance with the schedule of offenses and fines orpenalties promulgated by the Conference of Chief District Court Judges pursuantto G.S. 7A‑148, and in such cases, to enter judgment and collect thefines or penalties and costs;

(3)        To issue arrest warrants valid throughout the State;

(4)        To issue search warrants valid throughout the county;

(5)        To grant bail before trial for any noncapital offense;

(6)        Notwithstanding the provisions of subdivision (1) of thissection, to hear and enter judgment as the chief district judge shall direct inall worthless check cases brought under G.S. 14‑107, when the amount ofthe check is two thousand dollars ($2,000) or less. Provided, however, thatunder this section magistrates may not impose a prison sentence longer than 30days;

(7)        To conduct an initial appearance as provided in G.S. 15A‑511;and

(8)        To accept written appearances, waivers of trial and pleas ofguilty in violations of G.S. 14‑107 when the amount of the check is twothousand dollars ($2,000) or less, restitution, including service charges andprocessing fees allowed by G.S. 14‑107, is made, and the warrant does notcharge a fourth or subsequent violation of this statute, and in these cases toenter judgments as the chief district judge directs.

(9)        Repealed by Session Laws 1991 (Regular Session, 1992), c.900, s. 118(d). (1965, c. 310, s. 1; 1969,c. 876, s. 2; c. 1190, s. 25; 1973, c. 6; c. 503, s. 8; c. 1286, s. 7; 1975, c.626, s. 4; 1977, c. 873, s. 1; 1979, c. 144, s. 3; 1981, c. 555, s. 3; 1983, c.586, s. 5; 1985, c. 425, s. 4; c. 764, s. 16; 1985 (Reg. Sess., 1986), c. 852,s. 17; 1987, c. 355, ss. 1, 2; 1989, c. 343; c. 763; 1989 (Reg. Sess., 1990),c. 1041, s. 1; 1991, c. 520, s. 2; 1991 (Reg. Sess., 1992), c. 900, s. 118(d); 1993,c. 374, s. 4; c. 538, s. 35; 1994, Ex. Sess., c. 14, s. 1; c. 24, s. 14(b);1999‑80, s. 1; 2002‑159, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-273

§ 7A‑273.  Powers of magistrates in infractionsor criminal actions.

In criminal actions or infractions, any magistrate has power:

(1)        In infraction cases in which the maximum penalty that can beimposed is not more than fifty dollars ($50.00), exclusive of costs, or inClass 3 misdemeanors, other than the types of infractions and misdemeanorsspecified in subdivision (2) of this section, to accept guilty pleas oradmissions of responsibility and enter judgment;

(2)        In misdemeanor or infraction cases involving alcoholoffenses under Chapter 18B of the General Statutes, traffic offenses, hunting,fishing, State park and recreation area rule offenses under Chapter 113 of theGeneral Statutes, boating offenses under Chapter 75A of the General Statutes,and littering offenses under G.S. 14‑399(c) and G.S. 14‑399(c1), toaccept written appearances, waivers of trial or hearing and pleas of guilty oradmissions of responsibility, in accordance with the schedule of offenses andfines or penalties promulgated by the Conference of Chief District Judgespursuant to G.S. 7A‑148, and in such cases, to enter judgment and collectthe fines or penalties and costs;

(2a)      In misdemeanor cases involving the violation of a countyordinance authorized by law regulating the use of dune or beach buggies orother power‑driven vehicles specified by the governing body of the countyon the foreshore, beach strand, or the barrier dune system, to accept writtenappearances, waivers of trial or hearing, and pleas of guilty or admissions ofresponsibility, in accordance with the schedule of offenses and fines orpenalties promulgated by the Conference of Chief District Court Judges pursuantto G.S. 7A‑148, and in such cases, to enter judgment and collect thefines or penalties and costs;

(3)        To issue arrest warrants valid throughout the State;

(4)        To issue search warrants valid throughout the county;

(5)        To grant bail before trial for any noncapital offense;

(6)        Notwithstanding the provisions of subdivision (1) of thissection, to hear and enter judgment as the chief district judge shall direct inall worthless check cases brought under G.S. 14‑107, when the amount ofthe check is two thousand dollars ($2,000) or less. Provided, however, thatunder this section magistrates may not impose a prison sentence longer than 30days;

(7)        To conduct an initial appearance as provided in G.S. 15A‑511;and

(8)        To accept written appearances, waivers of trial and pleas ofguilty in violations of G.S. 14‑107 when the amount of the check is twothousand dollars ($2,000) or less, restitution, including service charges andprocessing fees allowed by G.S. 14‑107, is made, and the warrant does notcharge a fourth or subsequent violation of this statute, and in these cases toenter judgments as the chief district judge directs.

(9)        Repealed by Session Laws 1991 (Regular Session, 1992), c.900, s. 118(d). (1965, c. 310, s. 1; 1969,c. 876, s. 2; c. 1190, s. 25; 1973, c. 6; c. 503, s. 8; c. 1286, s. 7; 1975, c.626, s. 4; 1977, c. 873, s. 1; 1979, c. 144, s. 3; 1981, c. 555, s. 3; 1983, c.586, s. 5; 1985, c. 425, s. 4; c. 764, s. 16; 1985 (Reg. Sess., 1986), c. 852,s. 17; 1987, c. 355, ss. 1, 2; 1989, c. 343; c. 763; 1989 (Reg. Sess., 1990),c. 1041, s. 1; 1991, c. 520, s. 2; 1991 (Reg. Sess., 1992), c. 900, s. 118(d); 1993,c. 374, s. 4; c. 538, s. 35; 1994, Ex. Sess., c. 14, s. 1; c. 24, s. 14(b);1999‑80, s. 1; 2002‑159, s. 1.)