§ 15A-604. Determination of sufficiency of charge. - North Carolina Statutes

§15A‑604.  Determination of sufficiency of charge.

 (a) The judge must examineeach criminal process or magistrate's order and determine whether each chargeagainst the defendant charges a criminal offense within the originaljurisdiction of the superior court.

(b)        If the judgedetermines that the process or order fails to charge a criminal offense withinthe original jurisdiction of the superior court, he must notify the prosecutorand take further appropriate action, including one or more of the following:

(1)        Dismiss the charge.

(2)        Permit the State toamend the statement of the crime in the process or order.

(3)        Continue theproceedings, for not more than 24 hours, to permit the State to initiate newcharges.

(4)        With the consent ofthe prosecutor, set the case for trial in the district court if the charge isfound to be within the original jurisdiction of the district court. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)