NC General Statutes

N.C. Gen. Stat. § 15A-926 (2026)

Joinder of offenses and defendants

✓ current as of July 2026

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(a) Joinder of Offenses. - Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or transaction or on a series of acts or transactions connected together or constituting parts of a single scheme or plan. Each offense must be stated in a separate count as required by G.S. 15A-924.

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

(1) Each defendant must be charged in a separate pleading.

(2) Upon written motion of the prosecutor, charges against two or more defendants may be joined for trial:

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

b. When, even if all of the defendants are not charged with accountability for each offense, the several offenses charged:

1. Were part of a common scheme or plan; or

2. Were part of the same act or transaction; or

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

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

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

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

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

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

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

Notes of Decisions

Cited in 233 cases (12 in the last 5 years), 1976–2026 · leading case: State v. Locklear, 681 S.E.2d 293 (N.C. 2009).

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State v. Locklear, 681 S.E.2d 293 (N.C. 2009). · cites it 12× “Moreover, the decision to join two or more offenses for trial is discretionary and does not necessarily indicate the lack of a transactional connection between the offenses.”

State v. Huff, 381 S.E.2d 635 (N.C. 1989). · cites it 18× “In his first assignment of error, defendant contends that the trial court erred in allowing the two murder charges to be joined for trial.”

State v. Williams, 565 S.E.2d 609 (N.C. 2002). · cites it 12× “§ 15A-926(a) and deprived him of due process guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and by Article I, Sections 19, 23, 24, and 35 of the North Carolina Constitution. Defendant specifically complains that there were fourteen separate…”

State v. Greene, 241 S.E.2d 662 (N.C. 1978). · cites it 18× “Consolidation of criminal offenses for trial is, in part, controlled by G.S. 15A-926 which, in pertinent part, provides: Joinder of offenses and defendants.”

State v. Golphin, 533 S.E.2d 168 (N.C. 2000). · cites it 9× “N.C.G.S. § 15A-926(b) (1999). “The propriety of joinder depends upon the circumstances of each case and is within the sound discretion of the trial judge.”

State v. Hunt, 373 S.E.2d 400 (N.C. 1988). · cites it 18× “N.C.G.S. § 15A-926(a) provides in part: Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or *410 transaction or on a series of acts or transactions connected together or…”

State v. Chapman, 464 S.E.2d 661 (N.C. 1995). · cites it 18× “In his next assignment of error, defendant contends that joinder of the two murder charges violated N.C.G.S. § 15A-926(a) and deprived him of the due process guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and by Article I, Sections 18 and 19…”

State v. Oliver, 307 S.E.2d 304 (N.C. 1983). · cites it 8× “*327 Prior to the first trial, the State moved for joinder pursuant to G.S. § 15A-926. Defendant Oliver objected.”

State v. Lowery, 347 S.E.2d 729 (N.C. 1986). · cites it 12× “On 12 March 1979, the District Attorney moved pursuant to N.C.G.S. § 15A-926 for a joint trial of James Small and Paul Lowery.”

State v. McNeil, 375 S.E.2d 909 (N.C. 1989). · cites it 12× “N.C.G.S. § 15A-926(a) (1988). The decision to consolidate for trial cases having a transactional connection is within the discretion of the trial court and, absent a showing of abuse of discretion, will not be disturbed on appeal.”

State v. Hayes, 334 S.E.2d 741 (N.C. 1985). · cites it 9× “Im *466 mediately prior to trial on 21 June 1982, the prosecutor moved to join all three defendants’ cases in one trial on grounds specified in N.C.G.S. § 15A-926. Over all defendants’ objections, this motion was allowed.”

State v. Hyatt, 566 S.E.2d 61 (N.C. 2002). · cites it 6× “Following a pretrial hearing on the state’s motion for joinder, the trial court found the common modus operandi and temporal proximity of the Simmons and McConnell cases sufficient to support joinder.”

Show all 233 citing cases →

— N.C. Gen. Stat. § 15A-926(a) — 111 cases

State v. Locklear, 681 S.E.2d 293 (N.C. 2009). “Moreover, the decision to join two or more offenses for trial is discretionary and does not necessarily indicate the lack of a transactional connection between the offenses.”

State v. Huff, 381 S.E.2d 635 (N.C. 1989). “In his first assignment of error, defendant contends that the trial court erred in allowing the two murder charges to be joined for trial.”

State v. Williams, 565 S.E.2d 609 (N.C. 2002). “§ 15A-926(a) and deprived him of due process guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and by Article I, Sections 19, 23, 24, and 35 of the North Carolina Constitution. Defendant specifically complains that there were fourteen separate…”

State v. Chapman, 464 S.E.2d 661 (N.C. 1995). “In his next assignment of error, defendant contends that joinder of the two murder charges violated N.C.G.S. § 15A-926(a) and deprived him of the due process guaranteed by the Fifth and Fourteenth Amendments to the United States Constitution and by Article I, Sections 18 and 19…”

State v. McNeil, 375 S.E.2d 909 (N.C. 1989). “N.C.G.S. § 15A-926(a) (1988). The decision to consolidate for trial cases having a transactional connection is within the discretion of the trial court and, absent a showing of abuse of discretion, will not be disturbed on appeal.”

— N.C. Gen. Stat. § 15A-926(b) — 19 cases

State v. Golphin, 533 S.E.2d 168 (N.C. 2000). “N.C.G.S. § 15A-926(b) (1999). “The propriety of joinder depends upon the circumstances of each case and is within the sound discretion of the trial judge.”

State v. Tirado, 599 S.E.2d 515 (N.C. 2004).

State v. Hunt, 373 S.E.2d 400 (N.C. 1988). “N.C.G.S. § 15A-926(a) provides in part: Two or more offenses may be joined in one pleading or for trial when the offenses, whether felonies or misdemeanors or both, are based on the same act or *410 transaction or on a series of acts or transactions connected together or…”

State v. Slade, 229 S.E.2d 921 (N.C. 1976).

State v. Brewington, 532 S.E.2d 496 (N.C. 2000).

— N.C. Gen. Stat. § 15A-926(b)(2) — 50 cases

State v. Llamas-Hernandez, 659 S.E.2d 79 (N.C. Ct. App. 2008).

State v. Oliver, 307 S.E.2d 304 (N.C. 1983). “*327 Prior to the first trial, the State moved for joinder pursuant to G.S. § 15A-926. Defendant Oliver objected.”

State v. Bell, 603 S.E.2d 93 (N.C. 2004).

State v. Short, 370 S.E.2d 351 (N.C. 1988).

— N.C. Gen. Stat. § 15A-926(b)(2)(a) — 14 cases

State v. Abraham, 451 S.E.2d 131 (N.C. 1994).

State v. Bellamy, 617 S.E.2d 81 (N.C. Ct. App. 2005).

State v. Rasor, 356 S.E.2d 328 (N.C. 1987).

State v. Hucks, 374 S.E.2d 240 (N.C. 1988).

State v. Weaver, 473 S.E.2d 362 (N.C. Ct. App. 1996).

— N.C. Gen. Stat. § 15A-926(c) — 9 cases

State v. Robey, 371 S.E.2d 711 (N.C. Ct. App. 1988).

State v. Street, 262 S.E.2d 365 (N.C. Ct. App. 1980).

State v. Jones, 273 S.E.2d 327 (N.C. Ct. App. 1981).

State v. BANDON, 687 S.E.2d 318 (N.C. Ct. App. 2009).

State v. Inman, 817 S.E.2d 920 (N.C. Ct. App. 2018).

— N.C. Gen. Stat. § 15A-926(c)(1) — 1 case

State v. Inman, 817 S.E.2d 920 (N.C. Ct. App. 2018).

— N.C. Gen. Stat. § 15A-926(c)(2) — 9 cases

State v. Warren, 328 S.E.2d 256 (N.C. 1985).

State v. Tew, 561 S.E.2d 327 (N.C. Ct. App. 2002).

State v. Jones, 273 S.E.2d 327 (N.C. Ct. App. 1981).

State v. Bellamy, 308 S.E.2d 88 (N.C. Ct. App. 1983).

State v. Cox, 246 S.E.2d 152 (N.C. Ct. App. 1978).

— N.C. Gen. Stat. § 15A-926(c)(3) — 1 case

State v. BANDON, 687 S.E.2d 318 (N.C. Ct. App. 2009).

— N.C. Gen. Stat. § 15A-926(c)(l) — 2 cases

State v. Hunter, 270 S.E.2d 120 (N.C. Ct. App. 1980).

State v. Jones, 273 S.E.2d 327 (N.C. Ct. App. 1981).

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