§ 15A-511. Initial appearance. - North Carolina Statutes

Article24.

Initial Appearance.

§ 15A‑511.  Initialappearance.

(a)        Appearance beforeMagistrate. –

(1)        A law‑enforcementofficer making an arrest with or without a warrant must take the arrestedperson without unnecessary delay before a magistrate as provided in G.S. 15A‑501.

(2)        The magistrate mustproceed in accordance with this section, except in those cases in which he hasthe power to determine the matter pursuant to G.S. 7A‑273. In thosecases, if the arrest has been without a warrant, the magistrate must prepare amagistrate's order containing a statement of the crime with which the defendantis charged.

(3)        If the defendantbrought before a magistrate is so unruly as to disrupt and impede theproceedings, becomes unconscious, is grossly intoxicated, or is otherwiseunable to understand the procedural rights afforded him by the initialappearance, upon order of the magistrate he may be confined or otherwisesecured. If this is done, the magistrate's order must provide for an initialappearance within a reasonable time so as to make certain that the defendanthas an opportunity to exercise his rights under this Chapter.

(a1)      A proceeding forinitial appearance in a noncapital case under this section may be conducted byan audio and video transmission between the magistrate or other authorizedjudicial official and the defendant in which the parties can see and hear eachother. If the defendant has counsel, the defendant shall be allowed tocommunicate fully and confidentially with his attorney during the proceeding.Prior to the use of audio and video transmission pursuant to this subsection,the procedures and type of equipment for audio and video transmission shall besubmitted to the Administrative Office of the Courts by the senior regularresident superior court judge and the chief district court judge for a judicialdistrict or set of districts and approved by the Administrative Office of theCourts.

(b)        Statement by theMagistrate. – The magistrate must inform the defendant of:

(1)        The charges againsthim;

(2)        His right tocommunicate with counsel and friends; and

(3)        The generalcircumstances under which he may secure release under the provisions of Article26, Bail.

(c)        Procedure WhenArrest Is without Warrant; Magistrate's Order. – If the person has beenarrested, for a crime, without a warrant:

(1)        The magistrate mustdetermine whether there is probable cause to believe that a crime has beencommitted and that the person arrested committed it, and in the manner providedby G.S. 15A‑304(d).

(2)        If the magistratedetermines that there is no probable cause the person must be released.

(3)        If the magistratedetermines that there is probable cause, he must issue a magistrate's order:

a.         Containing astatement of the crime of which the person is accused in the same manner as isprovided in G.S. 15A‑304(c) for a warrant for arrest, and

b.         Containing a findingthat the defendant has been arrested without a warrant and that there isprobable cause for his detention.

(4)        Following theissuance of the magistrate's order, the magistrate must proceed in accordancewith subsection (e) and must file the order with any supporting affidavits andrecords in the office of the clerk.

(d)        Procedure WhenArrest Is Pursuant to Warrant. – If the arrest is made pursuant to a warrant,the magistrate must proceed in accordance with subsection (e).

(e)        Commitment or Bail.– If the person arrested is not released pursuant to subsection (c), themagistrate must release him in accordance with Article 26 of this Chapter,Bail, or commit him to an appropriate detention facility pursuant to G.S. 15A‑521pending further proceedings in the case.

(f)         Powers Not Limitedto Magistrate. – Any judge, justice, or clerk of the General Court of Justicemay also conduct an initial appearance as provided in this section. (1868‑9,c. 178, subch. 1, s. 7; Code, s. 1130; Rev., s. 3182; C.S., s. 4548; 1973, c.1286, s. 1; 1975, c. 166, ss. 9‑11; 1975, 2nd Sess., c. 983, s. 141; 1997‑268,s. 1.)