North Carolina General Statutes 7B-2200. Transfer of jurisdiction of a juvenile under the age of 16 to superior court
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to life |
Terms Used In North Carolina General Statutes 7B-2200
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- True bill: Another word for indictment.
Except as otherwise provided in N.C. Gen. Stat. § 7B-2200.5, after notice, hearing, and a finding of probable cause the court may, upon motion of the prosecutor or the juvenile’s attorney or upon its own motion, transfer jurisdiction over a juvenile to superior court if the juvenile was at least 13 years of age but less than 16 years of age at the time the juvenile allegedly committed an offense that would be a felony if committed by an adult. The court shall transfer the case to superior court for trial as in the case of adults if the felony the juvenile allegedly committed constitutes a Class A felony and (i) the court finds probable cause or (ii) upon notice of the return of a true bill of indictment as provided in N.C. Gen. Stat. § 15A-630 (1979, c. 815, s. 1; 1991 (Reg. Sess., 1992), c. 842, s. 1; 1994, Ex. Sess., c. 22, s. 25; 1998-202, s. 6; 2017-57, s. 16D.4(d); 2018-142, s. 23(b); 2023-114, s. 1(b).)