§ 15A-926. Joinder of offenses and defendants. - North Carolina Statutes

§15A‑926.  Joinder of offenses and defendants.

(a)        Joinder ofOffenses. – Two or more offenses may be joined in one pleading or for trialwhen the offenses, whether felonies or misdemeanors or both, are based on thesame act or transaction or on a series of acts or transactions connectedtogether or constituting parts of a single scheme or plan. Each offense must bestated in a separate count as required by G.S. 15A‑924.

(b)        Separate Pleadingsfor Each Defendant and Joinder of Defendants for Trial.

(1)        Each defendant mustbe charged in a separate pleading.

(2)        Upon written motionof the prosecutor, charges against two or more defendants may be joined fortrial:

a.         When each of thedefendants is charged with accountability for each offense; or

b.         When, even if all ofthe defendants are not charged with accountability for each offense, theseveral offenses charged:

1.         Were part of acommon scheme or plan; or

2.         Were part of thesame act or transaction; or

3.         Were so closelyconnected in time, place, and occasion that it would be difficult to separateproof of one charge from proof of the others.

(c)        Failure to JoinRelated Offenses.

(1)        When a defendant hasbeen charged with two or more offenses joinable under subsection (a) his timelymotion to join them for trial must be granted unless the court determines thatbecause the prosecutor does not have sufficient evidence to warrant trying someof the offenses at that time or if, for some other reason, the ends of justicewould be defeated if the motion were granted. A defendant's failure to makethis motion constitutes a waiver of any right of joinder of offenses joinableunder subsection (a) with which the defendant knew he was charged.

(2)        A defendant who hasbeen tried for one offense may thereafter move to dismiss a charge of ajoinable offense. The motion to dismiss must be made prior to the second trial,and must be granted unless

a.         A motion for joinderof these offenses was previously denied, or

b.         The court finds thatthe right of joinder has been waived, or

c.         The court finds thatbecause the prosecutor did not have sufficient evidence to warrant trying thisoffense at the time of the first trial, or because of some other reason, theends of justice would be defeated if the motion were  granted.

(3)        The right to joinderunder this subsection is not applicable when the defendant has pleaded guiltyor no contest to the previous charge. (1973, c. 1286, s. 1; 1975,c. 166, ss. 19, 27.)