North Carolina General Statutes 15A-835. Posttrial responsibilities
(a) Within 30 days after the final court proceeding in the case, the district attorney’s office shall notify the victim, in writing, of:
(1) The final disposition of the case.
Terms Used In North Carolina General Statutes 15A-835
- 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.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2) The crimes of which the defendant was convicted.
(3) The defendant’s right to appeal, if any.
(4) The telephone number of offices to contact in the event of nonpayment of restitution by the defendant.
(b) Upon a defendant’s giving notice of appeal to the Court of Appeals or the Supreme Court, the district attorney’s office shall forward to the Attorney General’s office the defendant’s name and the victim’s name, address, and telephone number. Upon receipt of this information, and thereafter as the circumstances require, the Attorney General’s office shall provide the victim with the following:
(1) A clear and concise explanation of how the appellate process works, including information about possible actions that may be taken by the appellate court.
(2) Notice of the date, time, and place of any appellate proceedings involving the defendant. Notice shall be given in a manner that is reasonably calculated to be received by the victim prior to the date of the proceedings.
(3) The final disposition of an appeal.
(b1) Although the victim does not have a right to be heard, the victim is permitted to be present at any appellate proceeding that is an open hearing.
(c) If the defendant has been released on bail pending the outcome of the appeal, the agency that has custody of the defendant shall notify the investigating law enforcement agency as soon as practicable, and within 72 hours of receipt of the notification the investigating law enforcement agency shall notify the victim that the defendant has been released.
(d) If the defendant’s conviction is overturned, and the district attorney’s office decides to retry the case or the case is remanded to superior court for a new trial, the victim shall be entitled to the same rights under this Article as if the first trial did not take place.
(e) Repealed by Session Laws 2001-302, s. 1. (1998-212, s. 19.4(c); 2001-302, s. 1; 2001-433, s. 6; 2001-487, s. 120; 2019-216, s. 7.5.)