(a) Appearance before Magistrate. -
(1) A law-enforcement officer making an arrest with or without a warrant must take the arrested person without unnecessary delay before a magistrate as provided in G.S. 15A-501.
(2) The magistrate must proceed in accordance with this section, except in those cases in which he has the power to determine the matter pursuant to G.S. 7A-273. In those cases, if the arrest has been without a warrant, the magistrate must prepare a magistrate's order containing a statement of the crime with which the defendant is charged.
(3) If the defendant brought before a magistrate is so unruly as to disrupt and impede the proceedings, becomes unconscious, is grossly intoxicated, or is otherwise unable to understand the procedural rights afforded him by the initial appearance, upon order of the magistrate he may be confined or otherwise secured. If this is done, the magistrate's order must provide for an initial appearance within a reasonable time so as to make certain that the defendant has an opportunity to exercise his rights under this Chapter.
(a1) Repealed by Session Laws 2021-47, s. 10(e), effective June 18, 2021, and applicable to proceedings occurring on or after that date.
(b) Statement by the Magistrate. - The magistrate must inform the defendant of:
(1) The charges against him;
(2) His right to communicate with counsel and friends; and
(3) The general circumstances under which he may secure release under the provisions of Article 26, Bail.
(c) Procedure When Arrest Is without Warrant; Magistrate's Order. - If the person has been arrested, for a crime, without a warrant:
(1) The magistrate must determine whether there is probable cause to believe that a crime has been committed and that the person arrested committed it, and in the manner provided by G.S. 15A-304(d).
(2) If the magistrate determines that there is no probable cause the person must be released.
(3) If the magistrate determines that there is probable cause, he must issue a magistrate's order:
a. Containing a statement of the crime of which the person is accused in the same manner as is provided in G.S. 15A-304(c) for a warrant for arrest, and
b. Containing a finding that the defendant has been arrested without a warrant and that there is probable cause for his detention.
(4) Following the issuance of the magistrate's order, the magistrate must proceed in accordance with subsection (e) and must file the order with any supporting affidavits and records in the office of the clerk.
(d) Procedure When Arrest Is Pursuant to Warrant. - If the arrest is made pursuant to a warrant, the magistrate must proceed in accordance with subsection (e).
(e) Commitment or Bail. - If the person arrested is not released pursuant to subsection (c), the magistrate must release him in accordance with Article 26 of this Chapter, Bail, or commit him to an appropriate detention facility pursuant to G.S. 15A-521 pending further proceedings in the case.
(f) Powers Not Limited to Magistrate. - Any judge, justice, or clerk of the General Court of Justice may also conduct an initial appearance as provided in this section. (1868-9, c. 178, subch. 1, s. 7; Code, s. 1130; Rev., s. 3182; C.S., s. 4548; 1973, c. 1286, s. 1; 1975, c. 166, ss. 9-11; 1975, 2nd Sess., c. 983, s. 141; 1997-268, s. 1; 2021-47, s. 10(e).)
§§ 15A-512 through 15A-520. Reserved for future codification purposes.
Article 25.
Commitment.
Notes of Decisions
Cited in
37
cases (
1 in the last 5 years), 1977–2023 · leading case:
State v. Knoll, 369 S.E.2d 558 (N.C. 1988).
State v. Knoll, 369 S.E.2d 558 (N.C. 1988).
· cites it 16× “N.C.G.S. § 15A-511(a)(3) (1983). The magistrate must also determine conditions for pretrial release of the defendant, N.”
State v. Reynolds, 259 S.E.2d 843 (N.C. 1979).
· cites it 8× “15A-511; (3) That the trial court did not properly find that defendant had freely and voluntarily waived his right to counsel; (4) That the trial court erred in finding that defendant freely and voluntarily consented to the taking of hair samples, and (5) That the three offenses…”
State v. Cummings, 488 S.E.2d 550 (N.C. 1997).
· cites it 6× “At the initial appearance, the magistrate must inform the defendant of: (1) the charges against him, (2) his right to communicate with counsel and friends, and (3) the general circumstances under which he may secure release.”
State v. Lewis, 619 S.E.2d 830 (N.C. 2005).
· cites it 7× “N.C.G.S. § 15A-511 (2003). The magistrate must inform the defendant of “(1) The charges against him; (2) His right to communicate with counsel and friends; and (3) The general circumstances under which he may secure release” under the provisions regarding bail.”
State v. Simpson, 357 S.E.2d 332 (N.C. 1987).
· cites it 12× “Instead, the defendant argues that Magistrate Hudson was required under N.C.G.S. § 15A-511(e) to release the defendant or set reasonable bail when the defendant appeared before him at 11:54 p.”
State v. Kostick, 755 S.E.2d 411 (N.C. Ct. App. 2014).
· cites it 12× “2d 558 (1988), alleges that a magistrate has failed to inform a defendant of the charges against him, his right to communicate with counsel, family, and friends, and the general conditions he must meet for pretrial release pursuant to N.C. Gen. Stat. § 15A-511 (2013). “If there…”
State v. Townsend, 762 S.E.2d 898 (N.C. Ct. App. 2014).
· cites it 7× “2d 558 (1988), alleges that a magistrate has failed to inform a defendant of the charges against him, his right to communicate with counsel, family, and friends, and of the general circumstances under which he may secure his release pursuant to N.C. Gen. Stat. § 15A-511. See…”
State v. Martin, 340 S.E.2d 326 (N.C. 1986).
· cites it 9× “§ 15A-974 provides that, upon a timely motion, evidence obtained as the result of a substantial violation of a provision of Chapter 15A must be suppressed. N.C.”
State v. Portillo, 787 S.E.2d 822 (N.C. Ct. App. 2016).
· cites it 6× “In addition, once a police officer makes an arrest with or without a warrant, the officer "must take the arrested person without unnecessary delay before a magistrate as provided in [ section] 15A-501.”
State v. Daniel, 702 S.E.2d 306 (N.C. Ct. App. 2010).
· cites it 14× “" N.C. Gen.Stat. § 15A-511(b) (2005). North Carolina General Statutes, section 15A-533(b) provides that, in noncapital cases, a defendant "must have conditions of pretrial release determined, in accordance with G.”
State v. Fisher, 539 S.E.2d 677 (N.C. Ct. App. 2000).
· cites it 5× “See N.C. Gen. Stat. § 15A-511(c) (1999) (“If the person has been arrested, for a crime, without a warrant [the] magistrate must determine whether there is probable cause .”
State v. Knoll, 352 S.E.2d 463 (N.C. Ct. App. 1987).
· cites it 6× “N.C.G.S. § 15A-511(b) states in part: (b) Statement by the Magistrate.”
N.C. Gen. Stat. § 15A-511(a): 5 cases
State v. Cummings, 488 S.E.2d 550 (N.C. 1997).
“At the initial appearance, the magistrate must inform the defendant of: (1) the charges against him, (2) his right to communicate with counsel and friends, and (3) the general circumstances under which he may secure release.”
State v. Martin, 340 S.E.2d 326 (N.C. 1986).
“§ 15A-974 provides that, upon a timely motion, evidence obtained as the result of a substantial violation of a provision of Chapter 15A must be suppressed. N.C.”
N.C. Gen. Stat. § 15A-511(a)(1): 1 case
N.C. Gen. Stat. § 15A-511(a)(3): 2 cases
State v. Knoll, 369 S.E.2d 558 (N.C. 1988).
“N.C.G.S. § 15A-511(a)(3) (1983). The magistrate must also determine conditions for pretrial release of the defendant, N.”
N.C. Gen. Stat. § 15A-511(a)(l): 1 case
N.C. Gen. Stat. § 15A-511(b): 13 cases
State v. Knoll, 369 S.E.2d 558 (N.C. 1988).
“N.C.G.S. § 15A-511(a)(3) (1983). The magistrate must also determine conditions for pretrial release of the defendant, N.”
State v. Cummings, 488 S.E.2d 550 (N.C. 1997).
“At the initial appearance, the magistrate must inform the defendant of: (1) the charges against him, (2) his right to communicate with counsel and friends, and (3) the general circumstances under which he may secure release.”
State v. Daniel, 702 S.E.2d 306 (N.C. Ct. App. 2010).
“" N.C. Gen.Stat. § 15A-511(b) (2005). North Carolina General Statutes, section 15A-533(b) provides that, in noncapital cases, a defendant "must have conditions of pretrial release determined, in accordance with G.”
State v. Kostick, 755 S.E.2d 411 (N.C. Ct. App. 2014).
“2d 558 (1988), alleges that a magistrate has failed to inform a defendant of the charges against him, his right to communicate with counsel, family, and friends, and the general conditions he must meet for pretrial release pursuant to N.C. Gen. Stat. § 15A-511 (2013). “If there…”
State v. Townsend, 762 S.E.2d 898 (N.C. Ct. App. 2014).
“2d 558 (1988), alleges that a magistrate has failed to inform a defendant of the charges against him, his right to communicate with counsel, family, and friends, and of the general circumstances under which he may secure his release pursuant to N.C. Gen. Stat. § 15A-511. See…”
N.C. Gen. Stat. § 15A-511(b)(2007): 1 case
N.C. Gen. Stat. § 15A-511(b)(3): 1 case
State v. Knoll, 369 S.E.2d 558 (N.C. 1988).
“N.C.G.S. § 15A-511(a)(3) (1983). The magistrate must also determine conditions for pretrial release of the defendant, N.”
N.C. Gen. Stat. § 15A-511(b)(l): 1 case
State v. Lewis, 619 S.E.2d 830 (N.C. 2005).
“N.C.G.S. § 15A-511 (2003). The magistrate must inform the defendant of “(1) The charges against him; (2) His right to communicate with counsel and friends; and (3) The general circumstances under which he may secure release” under the provisions regarding bail.”
N.C. Gen. Stat. § 15A-511(c): 1 case
State v. Fisher, 539 S.E.2d 677 (N.C. Ct. App. 2000).
“See N.C. Gen. Stat. § 15A-511(c) (1999) (“If the person has been arrested, for a crime, without a warrant [the] magistrate must determine whether there is probable cause .”
N.C. Gen. Stat. § 15A-511(c)(3): 1 case
N.C. Gen. Stat. § 15A-511(c)(3)(a): 1 case
N.C. Gen. Stat. § 15A-511(c)(l): 2 cases
N.C. Gen. Stat. § 15A-511(e): 5 cases
State v. Simpson, 357 S.E.2d 332 (N.C. 1987).
“Instead, the defendant argues that Magistrate Hudson was required under N.C.G.S. § 15A-511(e) to release the defendant or set reasonable bail when the defendant appeared before him at 11:54 p.”
State v. Fisher, 539 S.E.2d 677 (N.C. Ct. App. 2000).
“See N.C. Gen. Stat. § 15A-511(c) (1999) (“If the person has been arrested, for a crime, without a warrant [the] magistrate must determine whether there is probable cause .”
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