§ 15A-629. Procedure upon finding of not a true bill; release of defendant, etc.; institution of new charge. - North Carolina Statutes

§15A‑629.  Procedure upon finding of not a true bill; release ofdefendant, etc.; institution of new charge.

(a)        Upon the return ofa bill of indictment as not a true bill, the presiding judge must immediatelyexamine the case records to determine if the defendant is in custody or subjectto bail or conditions of pretrial release. If so, except as provided insubsection (b), the judge must immediately order release from custody,exoneration of bail, or release from conditions of pretrial release, as the casemay be.

(b)        Upon the return ofa bill of indictment as not a true bill but  with a request that the prosecutorsubmit a bill of indictment to a lesser included or related offense, the judgemay defer the action required in subsection (a) for a reasonable period, not toextend past the end of that session of superior court, to allow the institutionof the new charge. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)