North Carolina · statute · N.C. Gen. Stat. ch. 15A · 537 active provisions
Definitions. Unless the context clearly requires otherwise, the following words have the listed meanings: (1) Appeal. - When used in a general context, the term "appeal" also includes appellate review upon writ of certiorari. (1a) Attorney of Record. - An attorney who, under Article 4 of this Chapter, Entry and Withdra…
Electronic technology in criminal process and procedure. As used in this Chapter, in Chapter 7A of the General Statutes, in Chapter 15 of the General Statutes, and in all other provisions of the General Statutes that deal with criminal process or procedure: (1) "Attach" or "attached" means, when referring to documents…
Venue generally. (a) Venue for pretrial and trial proceedings in district court of cases within the original jurisdiction of the district court lies in the county where the charged offense occurred. (b) Except for the probable cause hearing, venue for pretrial proceedings in cases within the original jurisdiction of th…
Concurrent venue. (a) If acts or omissions constituting part of the commission of the charged offense occurred in more than one county, each county has concurrent venue. (b) If charged offenses which may be joined in a single criminal pleading under G.S. 15A-926 occurred in more than one county, each county has concurr…
Waiver of venue; motion for change of venue; indictment may be returned in other county. (a) A waiver of venue must be in writing and signed by the defendant and the prosecutor indicating the consent of all parties to the waiver. The waiver must specify what stages of the proceedings are affected by the waiver, and the…
Offense occurring in part outside North Carolina. If a charged offense occurred in part in North Carolina and in part outside North Carolina, a person charged with that offense may be tried in this State if he has not been placed in jeopardy for the identical offense in another state. (1973, c. 1286, s. 1.)
Allegation of venue conclusive in absence of timely motion. Allegations of venue in any criminal pleading become conclusive in the absence of a timely motion to dismiss for improper venue under G.S. 15A-952. A defendant may move to dismiss for improper venue upon trial de novo in superior court, provided he did not in…
Venue for sexual offenses. If a person is transported by any means, with the intent to violate any of the provisions of Article 7B of Chapter 14 (§ 14-27.20 et seq.) of the General Statutes and the intent is followed by actual violation thereof, the defendant may be tried in the county where transportation was offered,…
When entry of attorney in criminal proceeding occurs. An attorney enters a criminal proceeding when he: (1) Files a written notice of entry with the clerk indicating an intent to represent a defendant in a specified criminal proceeding; or (2) Appears in a criminal proceeding without limiting the extent of his represen…
Requirement that clerk record entry. The clerk must note each entry by an attorney in the records of the proceeding. (1973, c. 1286, s. 1.)
Attorney making general entry obligated to represent defendant at all subsequent stages. An attorney who enters a criminal proceeding without limiting the extent of his representation pursuant to G.S. 15A-141(3) undertakes to represent the defendant for whom the entry is made at all subsequent stages of the case until…
Withdrawal of attorney with permission of court. The court may allow an attorney to withdraw from a criminal proceeding upon a showing of good cause. (1973, c. 1286, s. 1.) Article 5. Expunction of Records.
Expunction of misdemeanors of first offenders under the age of 18 and of underage persons possessing alcohol. (a) Whenever any person who has not previously been convicted of any felony, or misdemeanor other than a traffic violation, under the laws of the United States, the laws of this State or any other state, (i) pl…
Expunction of records for first offenders under the age of 18 at the time of commission of certain gang offenses. (a) Whenever any person who has not previously been convicted of any felony or misdemeanor other than a traffic violation under the laws of the United States or the laws of this State or any other state ple…
Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses. (a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 90-96(a) or (a1), and the person was not over 21 years of age at the time of the offense, the pe…
Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses. (a) Whenever a person is discharged and the proceedings against the person dismissed under G.S. 90-113.14(a) or (a1), such person, if he or she was not over 21 years of age at the time of the…
Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony. (a) For purposes of this section, the term "nonviolent felony" means any felony except the following: (1) A Class A through G felony. (2) A felony that includes assault as an essential element o…
Expunction of certain misdemeanors and felonies; no age limitation. (a) For purposes of this section, the term "nonviolent misdemeanor" or "nonviolent felony" means any misdemeanor or felony except the following: (1) A Class A through G felony or a Class A1 misdemeanor. (2) An offense that includes assault as an essent…
Expunctions for certain defendants convicted of prostitution. (a) The following definitions apply in this section: (1) Prostitution offense. - A conviction for (i) violation of G.S. 14-204 or (ii) engaging in prostitution in violation of G.S. 14-204(7) for an offense that occurred prior to October 1, 2013. (2) Violent…
Expunction of records for first offenders under 20 years of age at the time of the offense of certain offenses. (a) Whenever a person is discharged, and the proceedings against the person dismissed, pursuant to G.S. 14-277.8, and the person was under 20 years of age at the time of the offense, the person may apply to t…
Expunction of records when charges are remanded to district court for juvenile adjudication. (a) Upon remand pursuant to G.S. 7B-2200(c) or G.S. 7B-2200.5(d) or removal pursuant to G.S. 15A-960, the court shall order expunction of all remanded or removed charges. The effect of an expunction under this section is govern…
Expunction of records for offenders under the age of 18 at the time of commission of certain misdemeanors and felonies upon completion of the sentence. (a) A person, the district attorney, or an attorney at the request of a person eligible for expunction under this section, may file, in the court of the county where th…
Expunctions of certain offenses committed by human trafficking victims. (a) Definition. - For purposes of this section, the following terms apply: (1) Nonviolent offense. - Any misdemeanor or felony except the following: a. A Class A through G felony. b. An offense that includes assault as an essential element of the o…
Expunction of records when charges are dismissed or there are findings of not guilty. (a) Dismissal of Single Charge. - If any person is charged with a crime, either a misdemeanor or a felony, or was charged with an infraction under G.S. 18B-302(i) prior to December 1, 1999, and the charge is dismissed, that person or…
Expunction of records when charges are dismissed or there are findings of not guilty as a result of identity theft or mistaken identity. (a) If any person is named in a charge for an infraction or a crime, either a misdemeanor or a felony, as a result of another person using the identifying information of the named per…