State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2202

§ 7B‑2202.  Probablecause hearing.

(a)        The court shallconduct a hearing to determine probable cause in all felony cases in which ajuvenile was 13 years of age or older when the offense was allegedly committed.The hearing shall be conducted within 15 days of the date of the juvenile'sfirst appearance. The court may continue the hearing for good cause.

(b)        At the probablecause hearing:

(1)        A prosecutor shallrepresent the State;

(2)        The juvenile shallbe represented by counsel;

(3)        The juvenile maytestify, call, and examine witnesses, and present evidence; and

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

(c)        The State shall bynonhearsay evidence, or by evidence that satisfies an exception to the hearsay rule,show that there is probable cause to believe that the offense charged has beencommitted and that there is probable cause to believe that the juvenilecommitted 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 in connection with the case in issue, when statedin a report by that person, is admissible in evidence;

(2)        If there is noserious contest, reliable hearsay is admissible to prove value, ownership ofproperty, possession of property in a person other than the juvenile, lack ofconsent of the owner, possessor, or custodian of property to the breaking orentering of premises, chain of custody, and authenticity of signatures.

(d)        Counsel for thejuvenile may waive in writing the right to the hearing and stipulate to afinding of probable cause.

(e)        If probable causeis found and transfer to superior court is not required by G.S. 7B‑2200,upon motion of the prosecutor or the juvenile's attorney or upon its ownmotion, the court shall either proceed to a transfer hearing or set a date forthat hearing. If the juvenile has not received notice of the intention to seektransfer at least five days prior to the probable cause hearing, the court, atthe request of the juvenile, shall continue the transfer hearing.

(f)         If the court doesnot find probable cause for a felony offense, the court shall:

(1)        Dismiss theproceeding, or

(2)        If the court findsprobable cause to believe that the juvenile committed a lesser included offensethat would constitute a misdemeanor if committed by an adult, either proceed toan adjudicatory hearing or set a date for that hearing. (1979,c. 815, s. 1; 1981, c. 469, ss. 15, 16; 1994, Ex. Sess., c. 22, s. 26; 1998‑202,s. 6.)