N.C. Gen. Stat. » Chapter 15A
NC General Statutes

N.C. Gen. Stat. § 15A-613 (2026)

Setting offense for trial in district court

✓ current as of July 2026
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If an offense set for trial in the district court under the terms of G.S. 15A-604(b)(4) or any provision of G.S. 15A-612 is a lesser included offense of the charge before the court on a pleading, the judge may:

(1) Accept a plea of guilty or no contest, with the consent of the  prosecutor; or

(2) Proceed to try the offense immediately, with the consent of both the defendant and the prosecutor.

Otherwise, the judge must enter an appropriate order for subsequent calendaring of the case for trial in the district court. The trial so  ordered may not be earlier than five working days nor later than 15 working days from the date of the order. The judge must note in the case records the new offense with which the defendant is charged, has been tried, or to which he entered a plea of guilty or no contest. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)

 

§ 15A-614.  Review of eligibility for pretrial release.

Upon binding a defendant in custody over to the superior court for trial or upon entering an order for subsequent calendaring of the case of such a defendant for trial in the district court, the judge must again review the eligibility of the defendant for release under Article 26 of this Chapter, Bail. (1973, c. 1286, s. 1.)

 

Notes of Decisions
Cited in 1 case, 1977–1977 · leading case: State v. Joyner, 235 S.E.2d 107 (N.C. Ct. App. 1977).
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State v. Joyner, 235 S.E.2d 107 (N.C. Ct. App. 1977). “The record reveals that defendant was represented by counsel in district court, and that no objection was made to the judgment entered in district court.”
N.C. Gen. Stat. § 15A-613(2): 1 case
State v. Joyner, 235 S.E.2d 107 (N.C. Ct. App. 1977). “The record reveals that defendant was represented by counsel in district court, and that no objection was made to the judgment entered in district court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.