§ 15A-1001 No proceedings when defendant mentally incapacitated; exception
§ 15A-1002 Determination of incapacity to proceed; evidence; temporary commitment; temporary orders
§ 15A-1003 Referral of incapable defendant for civil commitment proceedings
§ 15A-1004 Orders for safeguarding of defendant and return for trial
§ 15A-1005 Reporting to court with regard to defendants incapable of proceeding
§ 15A-1006 Return of defendant for trial upon gaining capacity
§ 15A-1007 Supplemental hearings
§ 15A-1008 Dismissal of charges
Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In North Carolina General Statutes > Chapter 15A > Article 56 - Incapacity to Proceed

  • Academy: means the North Carolina Justice Academy. See North Carolina General Statutes 17D-1
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Commission: means the North Carolina Criminal Justice Education and Training Standards Commission. See North Carolina General Statutes 17D-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copy: means all identical versions of a document created or existing in paper or electronic form, including the original and all other identical versions of the document. See North Carolina General Statutes 15A-101.1
  • Criminal justice agencies: means the State and local law enforcement agencies, the State and local police traffic service agencies, the State correctional agencies, the jails and other correctional agencies maintained by local governments, the courts of the State and the juvenile justice agencies. See North Carolina General Statutes 17D-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Department of Justice. See North Carolina General Statutes 17D-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • 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.
  • Original: means :

    a. See North Carolina General Statutes 15A-101.1

  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3