NC General Statutes

N.C. Gen. Stat. § 15A-1022 (2026)

Advising defendant of consequences of guilty plea; informed choice; factual basis for plea; admission of guilt not required

✓ current as of July 2026

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(a) Except in the case of corporations or in misdemeanor cases in which there is a waiver of appearance under G.S. 15A-1011(a)(3), a superior court judge may not accept a plea of guilty or no contest from the defendant without first addressing him personally and:

(1) Informing him that he has a right to remain silent and that any statement he makes may be used against him;

(2) Determining that he understands the nature of the charge;

(3) Informing him that he has a right to plead not guilty;

(4) Informing him that by his plea he waives his right to trial by jury and his right to be confronted by the witnesses against him;

(5) Determining that the defendant, if represented by counsel, is satisfied with his representation;

(6) Informing him of the maximum possible sentence on the charge for the class of offense for which the defendant is being sentenced, including that possible from consecutive sentences, and of the mandatory minimum sentence, if any, on the charge; and

(7) Informing him that if he is not a citizen of the United States of America, a plea of guilty or no contest may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law.

(b) By inquiring of the prosecutor and defense counsel and the defendant personally, the judge must determine whether there were any prior plea discussions, whether the parties have entered into any arrangement with respect to the plea and the terms thereof, and whether any improper pressure was exerted in violation of G.S. 15A-1021(b). The judge may not accept a plea of guilty or no contest from a defendant without first determining that the plea is a product of informed choice.

(c) The judge may not accept a plea of guilty or no contest without first determining that there is a factual basis for the plea. This determination may be based upon information including but not limited to:

(1) A statement of the facts by the prosecutor.

(2) A written statement of the defendant.

(3) An examination of the presentence report.

(4) Sworn testimony, which may include reliable hearsay.

(5) A statement of facts by the defense counsel.

(d) The judge may accept the defendant's plea of no contest even though the defendant does not admit that he is in fact guilty if the judge is nevertheless satisfied that there is a factual basis for the plea. The judge must advise the defendant that if he pleads no contest he will be treated as guilty whether or not he admits guilt. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1989, c. 280; 1993, c. 538, s. 10; 1994, Ex. Sess., c. 24, s. 14(b).)

Notes of Decisions

Cited in 186 cases (24 in the last 5 years), 1979–2026 · leading case: State v. Salvetti, 687 S.E.2d 698 (N.C. Ct. App. 2010).

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State v. Salvetti, 687 S.E.2d 698 (N.C. Ct. App. 2010). · cites it 59× “In addition, a question contained in the Transcript of Plea asked defendant if anyone had promised him anything or threatened him in any way to cause him to enter the plea against his wishes, to which defendant answered “No.” *22 On 6 October 2008, the cases of defendant and his…”

State v. Flint, 682 S.E.2d 443 (N.C. Ct. App. 2009). · cites it 38× “Because N.C.G.S. § 15A-1022 relates only to the duties of a trial judge prior to "accept[ing] a plea of guilty," we look only at the record relating to the court's examination of defendant prior to its approval of his tendered pleas of guilty.”

State v. Agnew, 643 S.E.2d 581 (N.C. 2007). · cites it 20× “2d 418, 421 (1980) (citing N.C.G.S. § 15A-1022(a)-(b)). Additionally, guilty pleas must be substantiated in fact as prescribed by the statute at issue in this case: The judge may not accept a plea of guilty or no contest without first determining that there is a factual basis…”

State v. McNeill, 580 S.E.2d 27 (N.C. Ct. App. 2003). · cites it 21× “Defendant next contends the trial judge did not personally inform him of the maximum sentence pursuant to N.C.G.S. § 15A-1022. N.C.G.S. § 15A-1022(a)(6) (2001) provides: (a) .”

State v. Jones, 566 S.E.2d 112 (N.C. Ct. App. 2002). · cites it 16× “A no contest plea entered prior to 1 July 1995, which was the effective date of N.C. Gen. Stat. § 15A-1022, is not a “conviction” sufficient to support the charge of being an habitual felon because the safeguards established by N.”

State v. Hendricks, 531 S.E.2d 896 (N.C. Ct. App. 2000). · cites it 20× “I concur with the majority's conclusion that the failure of the trial court to follow the requirements of N.C. Gen.Stat. § 15A-1022 was not prejudicial to defendant in this case.”

State v. Bare, 677 S.E.2d 518 (N.C. Ct. App. 2009). · cites it 8× “First, defendant argues the trial court violated N.C. Gen. Stat. § 15A-1022 when it failed to inform him that imposition of SBM would be a direct consequence of his plea.”

State v. Glover, 575 S.E.2d 835 (N.C. Ct. App. 2003). · cites it 16× “In her third and final argument, defendant asserts her conviction for failure to timely notify the DMV of a change in address must be vacated because the trial court failed to comply with G.S. § 15A-1022 and 15A-1026. We must agree.”

State v. Chandler, 827 S.E.2d 113 (N.C. Ct. App. 2019). · cites it 25× “See N.C. Gen. Stat. § 15A-1022 (2017). Our General Assembly has not expressly delineated Alford pleas as a fourth type of plea nor has that body prescribed such pleas to be made in our courts.”

State v. Holden, 362 S.E.2d 513 (N.C. 1987). · cites it 6× “A no contest plea may not be used in another case to prove that the defendant committed the crime to which he pled no contest because he has not admitted he committed the offense. That is not what was done in this case.”

State v. Smith, 532 S.E.2d 773 (N.C. 2000). · cites it 9× “The court examined defendant strictly in accordance with statutory requirements that a defendant be apprised not only of the constitutional and statutory rights he waives as a consequence of pleading guilty, but also, as the quoted portions of the dialogue shows, of “the nature…”

State v. Barnett, 437 S.E.2d 711 (N.C. Ct. App. 1993). · cites it 20× “The issues presented are whether (I) the State produced sufficient evidence of the element of nighttime to establish burglary; (II) a defendant’s statement after a guilty plea is accepted is relevant for purposes of N.C. Gen. Stat. § 15A-1022; (III) consolidating convictions for…”

Show all 186 citing cases →

— N.C. Gen. Stat. § 15A-1022(a) — 54 cases

State v. Flint, 682 S.E.2d 443 (N.C. Ct. App. 2009). “Because N.C.G.S. § 15A-1022 relates only to the duties of a trial judge prior to "accept[ing] a plea of guilty," we look only at the record relating to the court's examination of defendant prior to its approval of his tendered pleas of guilty.”

State v. Bare, 677 S.E.2d 518 (N.C. Ct. App. 2009). “First, defendant argues the trial court violated N.C. Gen. Stat. § 15A-1022 when it failed to inform him that imposition of SBM would be a direct consequence of his plea.”

State v. Barts, 362 S.E.2d 235 (N.C. 1987).

State v. Rouson, 741 S.E.2d 470 (N.C. Ct. App. 2013).

State v. Santos, 708 S.E.2d 208 (N.C. Ct. App. 2011).

— N.C. Gen. Stat. § 15A-1022(a)(1) — 3 cases

State v. Hendricks, 531 S.E.2d 896 (N.C. Ct. App. 2000). “I concur with the majority's conclusion that the failure of the trial court to follow the requirements of N.C. Gen.Stat. § 15A-1022 was not prejudicial to defendant in this case.”

State v. Adkins, 809 S.E.2d 924 (N.C. Ct. App. 2018).

State v. Nunnally (N.C. Ct. App. 2025).

— N.C. Gen. Stat. § 15A-1022(a)(2) — 3 cases

State v. Smith, 532 S.E.2d 773 (N.C. 2000). “The court examined defendant strictly in accordance with statutory requirements that a defendant be apprised not only of the constitutional and statutory rights he waives as a consequence of pleading guilty, but also, as the quoted portions of the dialogue shows, of “the nature…”

State v. Rogers, 808 S.E.2d 156 (N.C. Ct. App. 2017).

— N.C. Gen. Stat. § 15A-1022(a)(2005) — 2 cases

In re D.J.M., 638 S.E.2d 610 (N.C. Ct. App. 2007).

In Re Djm, 638 S.E.2d 610 (N.C. Ct. App. 2007).

— N.C. Gen. Stat. § 15A-1022(a)(4) — 1 case

State v. Ruffin, 754 S.E.2d 685 (N.C. Ct. App. 2014).

— N.C. Gen. Stat. § 15A-1022(a)(5) — 1 case

State v. Scott, 603 S.E.2d 584 (N.C. Ct. App. 2004).

— N.C. Gen. Stat. § 15A-1022(a)(6) — 19 cases

State v. McNeill, 580 S.E.2d 27 (N.C. Ct. App. 2003). “Defendant next contends the trial judge did not personally inform him of the maximum sentence pursuant to N.C.G.S. § 15A-1022. N.C.G.S. § 15A-1022(a)(6) (2001) provides: (a) .”

State v. Salvetti, 687 S.E.2d 698 (N.C. Ct. App. 2010). “In addition, a question contained in the Transcript of Plea asked defendant if anyone had promised him anything or threatened him in any way to cause him to enter the plea against his wishes, to which defendant answered “No.” *22 On 6 October 2008, the cases of defendant and his…”

State v. Rogers, 808 S.E.2d 156 (N.C. Ct. App. 2017).

State v. Richardson, 300 S.E.2d 826 (N.C. Ct. App. 1983).

— N.C. Gen. Stat. § 15A-1022(a)(7) — 2 cases

State v. Rosas, 904 P.2d 1245 (Ariz. Ct. App. 1995).

Sasonov v. United States, 575 F. Supp. 2d 626 (D.N.J. 2008).

— N.C. Gen. Stat. § 15A-1022(a)(b) — 1 case

State v. Sinclair, 270 S.E.2d 418 (N.C. 1980).

— N.C. Gen. Stat. § 15A-1022(a)(l) — 5 cases

State v. Jones, 566 S.E.2d 112 (N.C. Ct. App. 2002). “A no contest plea entered prior to 1 July 1995, which was the effective date of N.C. Gen. Stat. § 15A-1022, is not a “conviction” sufficient to support the charge of being an habitual felon because the safeguards established by N.”

State v. Artis, 622 S.E.2d 204 (N.C. Ct. App. 2005).

State v. Puckett, 258 S.E.2d 393 (N.C. Ct. App. 1979).

— N.C. Gen. Stat. § 15A-1022(b) — 19 cases

State v. Ross, 794 S.E.2d 289 (N.C. 2016).

State v. Tinney, 748 S.E.2d 730 (N.C. Ct. App. 2013).

State v. Dickens, 261 S.E.2d 183 (N.C. 1980).

— N.C. Gen. Stat. § 15A-1022(c) — 63 cases

State v. Agnew, 643 S.E.2d 581 (N.C. 2007). “2d 418, 421 (1980) (citing N.C.G.S. § 15A-1022(a)-(b)). Additionally, guilty pleas must be substantiated in fact as prescribed by the statute at issue in this case: The judge may not accept a plea of guilty or no contest without first determining that there is a factual basis…”

State v. Wilkinson, 474 S.E.2d 375 (N.C. 1996).

State v. Rouson, 741 S.E.2d 470 (N.C. Ct. App. 2013).

— N.C. Gen. Stat. § 15A-1022(c)(1) — 5 cases

State v. Chandler, 827 S.E.2d 113 (N.C. Ct. App. 2019). “See N.C. Gen. Stat. § 15A-1022 (2017). Our General Assembly has not expressly delineated Alford pleas as a fourth type of plea nor has that body prescribed such pleas to be made in our courts.”

State v. Keller, 680 S.E.2d 212 (N.C. Ct. App. 2009).

State v. McKoy, 822 S.E.2d 797 (N.C. Ct. App. 2019).

State v. Vaughn (N.C. Ct. App. 2014).

State v. Goodwin, 775 S.E.2d 695 (N.C. Ct. App. 2015).

— N.C. Gen. Stat. § 15A-1022(c)(2) — 2 cases

State v. Robinson (N.C. 2022).

— N.C. Gen. Stat. § 15A-1022(c)(4) — 3 cases

State v. Singleton, 689 S.E.2d 562 (N.C. Ct. App. 2010).

State v. Brown (N.C. Ct. App. 2023).

— N.C. Gen. Stat. § 15A-1022(d) — 7 cases

In re C.L., 719 S.E.2d 132 (N.C. Ct. App. 2011).

State v. May, 583 S.E.2d 302 (N.C. Ct. App. 2003).

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