State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7B > GS_7B-2407

§ 7B‑2407.  Whenadmissions by juvenile may be accepted.

(a)        The court mayaccept an admission from a juvenile only after first addressing the juvenilepersonally and:

(1)        Informing thejuvenile that the juvenile has a right to remain silent and that any statementthe juvenile makes may be used against the juvenile;

(2)        Determining that thejuvenile understands the nature of the charge;

(3)        Informing thejuvenile that the juvenile has a right to deny the allegations;

(4)        Informing thejuvenile that by the juvenile's admissions the juvenile waives the juvenile'sright to be confronted by the witnesses against the juvenile;

(5)        Determining that thejuvenile is satisfied with the juvenile's representation; and

(6)        Informing thejuvenile of the most restrictive disposition on the charge.

(b)        By inquiring of theprosecutor, the juvenile's attorney, and the juvenile personally, the courtshall determine whether there were any prior discussions involving admissions,whether the parties have entered into any arrangement with respect to theadmissions and the terms thereof, and whether any improper pressure wasexerted. The court may accept an admission from a juvenile only afterdetermining that the admission is a product of informed choice.

(c)        The court mayaccept an admission only after determining that there is a factual basis forthe admission. This determination may be based upon any of the followinginformation: a statement of the facts by the prosecutor; a written statement ofthe juvenile; sworn testimony which may include reliable hearsay; or astatement of facts by the juvenile's attorney. (1979, c. 815, s. 1; 1998‑202,s. 6.)