Chapter 15A

Subject to the provisions of this Article, the following may serve as pleadings of the State in criminal cases: (1) Citation. (2) Criminal summons. (3) Warrant for arrest. (4) Magistrate's order pursuant to G.S. 15A-511 after arrest without warrant. (5) Statement of charges. (6) …

(a) Process as Pleadings. - The citation, criminal summons, warrant for arrest, or magistrate's order serves as the pleading of the State for a misdemeanor prosecuted in the district court, unless the prosecutor files a statement of charges, or there is objection to trial on a ci…

(a) Prosecution on Information or Indictment. - The pleading in felony cases and misdemeanor cases initiated in the superior court division must be a bill of indictment, unless there is a waiver of the bill of indictment as provided in G.S. 15A-642. If there is a waiver, the plea…

(a) A criminal pleading must contain: (1) The name or other identification of the defendant but the name of the defendant need not be repeated in each count unless required for clarity. (2) A separate count addressed to each offense charged, but allegations in one count may be in…

(a) Upon motion of a defendant under G.S. 15A-952, the court in which a charge is pending may order the State to file a bill of particulars with the court and to serve a copy upon the defendant. (b) A motion for a bill of particulars must request and specify items of factual info…

(a) Joinder of Offenses. - Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a si…

(a) Timeliness of Motion; Waiver; Double Jeopardy. (1) A defendant's motion for severance of offenses must be made before trial as provided in G.S. 15A-952, except as provided in G.S. 15A-953, and except that a motion for severance may be made before or at the close of the State'…

(a) When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter, an indictment or information for the higher offense may not allege the previous conviction. If a …

(a) Except as provided in G.S. 20-138.4, the prosecutor may dismiss any charges stated in a criminal pleading including those deferred for prosecution by entering an oral dismissal in open court before or during the trial, or by filing a written dismissal with the clerk at any ti…

(a) The prosecutor may enter a dismissal with leave for nonappearance when a defendant: (1) Cannot be readily found to be served with an order for arrest after the grand jury had indicted him; or (2) Fails to appear at a criminal proceeding at which his attendance is required, an…

(a) Arraignment consists of bringing a defendant before a judge having jurisdiction to try the offense, advising him of the charges pending against him, and directing him to plead. The prosecutor must read the charges or fairly summarize them to the defendant. If the defendant fa…

If the defendant appears at the arraignment without counsel, the court must inform the defendant of his right to counsel, must accord the defendant opportunity to exercise that right, and must take any action necessary to effectuate the right. If the defendant does not file a wri…

(a) In counties in which there are regularly scheduled 20 or more weeks of trial sessions of superior court at which criminal cases are heard, and in other counties the Chief Justice designates, the prosecutor must calendar arraignments in the superior court on at least the first…

In counties other than those described in G.S. 15A-943 the prosecutor may, but is not required to, calendar arraignments in the manner described in that section. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)

A defendant who is represented by counsel and who wishes to plead not guilty may waive arraignment prior to the day for which arraignment is calendared by filing a written plea, signed by the defendant and his counsel. (1973, c. 1286, s. 1.) §

(a) A motion must: (1) Unless made during a hearing or trial, be in writing; (2) State the grounds of the motion; and (3) Set forth the relief or order sought. (b) Each written motion must be served upon the attorney of record for the opposing party or upon the defendant if he is…

(a) Any defense, objection, or request which is capable of being determined without the trial of the general issue may be raised before trial by motion. (b) Except as provided in subsection (d), when the following motions are made in superior court they must be made within the ti…

In misdemeanor prosecutions in the district court motions should ordinarily be made upon arraignment or during the course of trial, as appropriate. A written motion may be made prior to trial in district court. With the consent of other parties and the district court judge, a mot…

(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run. (3) The def…

The court on motion of the defendant may dismiss an indictment if it determines that: (1) There is ground for a challenge to the array, (2) The requisite number of qualified grand jurors did not concur in finding the indictment, or (3) All of the witnesses before the grand jury o…

If a motion to dismiss is made at arraignment or trial, upon motion of the prosecutor the court may recess the proceedings for a period of time requested by the prosecutor, not to exceed 24 hours, prior to ruling upon the motion. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)

If, upon motion of the defendant, the court determines that there exists in the county in which the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial, the court must either: (1) Transfer the proceeding to another co…

Upon motion of the defendant or the State, or on its own motion, a court may issue an order for a special venire of jurors from another county if in its discretion it determines the action to be necessary to insure a fair trial. The procedure for securing this special venire is g…

(a) If a defendant intends to raise the defense of insanity, the defendant must file a notice of the defendant's intention to rely on the defense of insanity as provided in G.S. 15A-905(c) and, if the case is not subject to that section, within a reasonable time prior to trial. T…

(a) Any time after an indictment has been returned or a criminal information has been issued for a Class A, B1, B2, C, D, or E felony, excluding offenses constituting violations of the motor vehicle laws under Chapter 20 of the General Statutes, and before the jury is sworn and i…

As used in this Article the following definitions apply unless the context clearly requires otherwise: (1) Evidence. - When referring to matter in the possession of or available to a prosecutor, any tangible property or potential testimony which may be offered in evidence in a cr…

When an indictment has been returned or an information has been filed in the superior court, or a defendant has been bound over for trial in superior court, a defendant who is aggrieved may move to suppress evidence in accordance with the terms of this Article. (1973, c. 1286, s.…

In misdemeanor prosecutions in the district court, motions to suppress evidence should ordinarily be made during the course of the trial. A motion to suppress may be made prior to trial. With the consent of the prosecutor and the district court judge, the motion may be heard prio…

(a) Upon timely motion, evidence must be suppressed if: (1) Its exclusion is required by the Constitution of the United States or the Constitution of the State of North Carolina; or (2) It is obtained as a result of a substantial violation of the provisions of this Chapter. In de…

(a) In superior court, the defendant may move to suppress evidence only prior to trial unless the defendant did not have reasonable opportunity to make the motion before trial or unless a motion to suppress is allowed during trial under subsection (b) or (c). (b) A motion to supp…

(a) A motion to suppress evidence in superior court may be made at any time prior to trial except as provided in subsection (b). (b) If the State gives notice not later than 20 working days before trial of its intention to use evidence and if the evidence is of a type listed in G…

(a) A motion to suppress evidence in superior court made before trial must be in writing and a copy of the motion must be served upon the State. The motion must state the grounds upon which it is made. The motion must be accompanied by an affidavit containing facts supporting the…

Motion to suppress evidence in superior court or district court; challenge of probable cause supporting search on grounds of truthfulness; when identity of informant must be disclosed. (a) A defendant may contest the validity of a search warrant and the admissibility of evidence …

(a) Upon granting a motion to suppress evidence the judge must order that the evidence in question be excluded in the criminal action pending against the defendant. When the order is based upon the ground of an unlawful search and seizure and excludes tangible property unlawfully…

(a) A defendant has the right to suppress the use of a prior conviction that was obtained in violation of his right to counsel if its use by the State is to impeach the defendant or if its use will: (1) Increase the degree of crime of which the defendant would be guilty; or (2) R…

(a) Definition. - As used in this section, the term "in-custody informant" means a person, other than a codefendant, accomplice, or coconspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a …