North Carolina General Statutes 15A-1113. Prehearing procedure
Terms Used In North Carolina General Statutes 15A-1113
- 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.
- 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.
- Summons: Another word for subpoena used by the criminal justice system.
(a) Process. – A law enforcement officer may issue a citation for an infraction in accordance with the provisions of N.C. Gen. Stat. § 15A-302 A judicial official may issue a summons for an infraction in accordance with the provisions of N.C. Gen. Stat. § 15A-303
(b) Detention of Person Charged. – A law enforcement officer who has probable cause to believe a person has committed an infraction may detain the person for a reasonable period in order to issue and serve him a citation.
(c) Appearance Bond May Be Required. – A person charged with an infraction may not be required to post an appearance bond if:
(1) He is licensed to drive by a state that subscribes to the nonresident violator compact as defined in Article 1B of Chapter 20 of the N.C. Gen. Stat., the infraction charged is subject to the provisions of that compact, and he executes a personal recognizance as defined by that compact.
(2) He is a resident of North Carolina.
Any other person charged with an infraction may be required to post a? bond to secure his appearance and a charging officer may require such a person charged to accompany him to a judicial official’s office to allow the official to determine if a bond is necessary to secure the person’s court appearance, and if so, what kind of bond is to be used. If the judicial official finds that the person is unable to post a secured bond, he must allow the person to be released on execution of an unsecured bond. The provisions of Article 26 of this Chapter relating to issuance and forfeiture of bail bonds are applicable to bonds required pursuant to this subsection.
(d) Territorial Jurisdiction. – A law enforcement officer’s territorial jurisdiction to charge a person with an infraction is the same as his jurisdiction to arrest specified in N.C. Gen. Stat. § 15A-402
(e) Use of Same Process for Two Offenses. – A person may be charged with a criminal offense and an infraction in the same pleading. (1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852, s. 12.)