§ 15A-612. Disposition of charge on probable-cause hearing. - North Carolina Statutes

§15A‑612.  Disposition of charge on probable‑cause hearing.

(a)        At the conclusionof a probable‑cause hearing the judge must take one of the followingactions:

(1)        If he finds that thedefendant probably committed the offense charged, or a lesser included offenseof such offense within the original jurisdiction of the superior court, he mustbind the defendant over to a superior court for further proceedings inaccordance with this Chapter. The judge must note his findings in the caserecords.

(2)        If he finds noprobable cause as to the offense charged but probable cause with respect to alesser included offense within the original jurisdiction of the district court,he may set the case for trial in the district court in accordance with theterms of G.S. 15A‑613. In the absence of a new pleading, the judge maynot set a case for trial in the district court on any offense which is notlesser included.

(3)        If he finds noprobable cause pursuant to subdivisions (1) or (2) as to any charge, he mustdismiss the proceedings in question.

(b)        No finding made bya judge under this section precludes the State from instituting a subsequentprosecution for the same offense. (1973, c. 1286, s. 1; 1975,c. 166, s. 14.)