(a)        Definition. – As used in this section, an order for arrest is an order issued by a justice, judge, clerk, or magistrate that a law-enforcement officer take a named person into custody.

(b)        When Issued. – An order for arrest may be issued when:

(1)        A grand jury has returned a true bill of indictment against a defendant who is not in custody and who has not been released from custody pursuant to Article 26 of this Chapter, Bail, to answer to the charges in the bill of indictment.

(2)        A defendant who has been arrested and released from custody pursuant to Article 26 of this Chapter, Bail, fails to appear as required.

(3)        The defendant has failed to appear as required by a duly executed criminal summons issued pursuant to N.C. Gen. Stat. § 15A-303 that charged the defendant with a criminal offense, or a citation issued by a law enforcement officer or other person authorized by statute pursuant to N.C. Gen. Stat. § 15A-302 that charged the defendant with a misdemeanor.

(4)        A defendant has violated the conditions of probation.

(5)        In any criminal proceeding in which the defendant has become subject to the jurisdiction of the court, it becomes necessary to take the defendant into custody.

(6)        It is authorized by N.C. Gen. Stat. § 15A-803 in connection with material witness proceedings.

(7)        The common-law writ of capias has heretofore been issuable.

(8)        When a defendant fails to appear as required in a show cause order issued in a criminal proceeding.

(9)        It is authorized by N.C. Gen. Stat. § 5A-16 in connection with contempt proceedings.

(c)        Statement of Cause and Order; Copy of Indictment. –

(1)        The process must state the cause for its issuance and order an officer described in N.C. Gen. Stat. § 15A-301(b) to take the person named therein into custody and bring him before the court. If the defendant is to be held without bail, the order must so provide.

(2)        When the order is issued pursuant to subdivision (b)(1), a copy of the bill of indictment must be attached to each copy of the order for arrest.

(d)       Who May Issue. – An order for arrest, valid throughout the State, may be issued by any person authorized to issue warrants for arrest. ?(1973, c. 1286, s. 1; 1975, c. 166, s. 6; 1977, c. 711, s. 21; 2003-15, s. 2; 2021-47, s. 6(a).)

Terms Used In North Carolina General Statutes 15A-305

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • True bill: Another word for indictment.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.