§ 15A-606. Demand or waiver of probable-cause hearing. - North Carolina Statutes

§15A‑606.  Demand or waiver of probable‑cause hearing.

 (a) The judge must schedule aprobable‑cause hearing unless the defendant waives in writing his rightto such hearing. A defendant represented by counsel, or who desires to berepresented by counsel, may not before the date of the scheduled hearing waivehis right to a probable‑cause hearing without the written consent of thedefendant and his counsel.

(b)        Evidence of ademand or waiver of a probable‑cause hearing may not be admitted attrial.

(c)        If the defendantwaives a probable‑cause hearing, the district  court judge must bind thedefendant over to the superior court for further proceedings in accordance withthis Chapter.

(d)        If the defendantdoes not waive a probable‑cause hearing, the district court judge mustschedule a hearing not later than 15 working days following the initialappearance before the district court judge; if no session of the district courtis scheduled in the county within 15 working days, the hearing must bescheduled for the first day of the next session. The hearing may not bescheduled sooner than five working days following such initial appearancewithout the consent of the defendant and the prosecutor.

(e)        If an unrepresenteddefendant is not indigent and has indicated his desire to be represented bycounsel, the district court judge must inform him that he has a choice ofappearing without counsel at the probable‑cause hearing or of securingthe attendance of counsel to represent him at the hearing. The judge mustfurther inform him that the judge presiding at the hearing will not continuethe hearing because of the absence of counsel except for extraordinary cause.

(f)         Upon a showing ofgood cause, a scheduled probable‑cause hearing may be continued by thedistrict court upon timely motion of the defendant or the State. Except forextraordinary cause, a motion is not timely unless made at least 48 hours priorto the time set for the probable‑cause hearing.

(g)        If after the firstappearance before a district court judge a defendant with consent of counseldesires to waive his right to a probable‑cause hearing, he may do so inwriting filed with the court signed by defendant and his counsel. Upon waiverthe defendant must be bound over to the superior court. (1973,c. 1286, s. 1; 1975, c. 166, s. 27.)