(a) The prosecutor may enter a dismissal with leave for nonappearance when a defendant:
(1) Cannot be readily found to be served with an order for arrest after the grand jury had indicted him; or
(2) Fails to appear at a criminal proceeding at which his attendance is required, and the prosecutor believes the defendant cannot be readily found.
(a1) The prosecutor may enter a dismissal with leave pursuant to a deferred prosecution agreement entered into in accordance with the provisions of Article 82 of this Chapter.
(b) Dismissal with leave for nonappearance or pursuant to a deferred prosecution agreement results in removal of the case from the docket of the court, but all process outstanding retains its validity, and all necessary actions to apprehend the defendant, investigate the case, or otherwise further its prosecution may be taken, including the issuance of nontestimonial identification orders, search warrants, new process, initiation of extradition proceedings, and the like.
(c) The prosecutor may enter the dismissal with leave for nonappearance or pursuant to a deferred prosecution agreement orally in open court or by filing the dismissal in writing with the clerk. If the dismissal for nonappearance or pursuant to a deferred prosecution agreement is entered orally, the clerk must note the nature of the dismissal in the case records.
(d) Upon apprehension of the defendant, or in the discretion of the prosecutor when he believes apprehension is imminent, the prosecutor may reinstitute the proceedings by filing written notice with the clerk.
(d1) If the proceeding was dismissed pursuant to subdivision (2) of subsection (a) of this section and charged only offenses for which written appearance, waiver of trial or hearing, and plea of guilty or admission of responsibility are permitted pursuant to G.S. 7A-148(a), and the defendant later tenders to the court that waiver and payment in full of all applicable fines, costs, and fees, the clerk shall accept said waiver and payment without need for a written reinstatement from the prosecutor. Upon disposition of the case pursuant to this subsection, the clerk shall recall any outstanding criminal process in the case pursuant to G.S. 15A-301(g)(2)b.
(e) If the defendant fails to comply with the terms of a deferred prosecution agreement, the prosecutor may reinstitute the proceedings by filing written notice with the clerk. (1977, c. 777, s. 1; 1985, c. 250; 1994, Ex. Sess., c. 2, s. 1; 2011-145, s. 31.23B; 2011-192, s. 7(o); 2011-391, s. 63(a); 2011-411, s. 1.)
§§ 15A-933 through 15A-940. Reserved for future codification purposes.
Article 51.
Arraignment.
Notes of Decisions
Cited in
18
cases (
5 in the last 5 years), 1982–2025 · leading case:
State v. Patterson, 420 S.E.2d 98 (N.C. 1992).
State v. Patterson, 420 S.E.2d 98 (N.C. 1992).
· cites it 45× “Assuming arguendo that the prosecutor did not give proper written notice of reinstatement as required by N.C.G.S. § 15A-932, we conclude that the defendant waived any such error by failing to object before his arraignment.”
State v. Courtney, 831 S.E.2d 260 (N.C. 2019).
· cites it 24× “By contrast, N.C.G.S. § 15A-932 ("Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.”
State v. Mark, 571 S.E.2d 867 (N.C. Ct. App. 2002).
· cites it 8× “However, the charge was dismissed with leave, pursuant to N.C. Gen.Stat. § 15A-932, because defendant failed to appear in court.”
State v. Bell, 576 S.E.2d 695 (N.C. Ct. App. 2003).
· cites it 11× “Defendant argues deprivation of statutory rights under N.C. Gen. Stat. §§ 15A-932 and 941 and his constitutional rights to due process of law under the Fifth and Fourteenth Amendments.”
State v. Tedder, 610 S.E.2d 774 (N.C. Ct. App. 2005).
· cites it 6× “The State filed a dismissal pursuant to N.C. Gen. Stat. § 15A-932 when defendant failed to appear on 25 April 2002, the second day of trial.”
State v. Knott, 595 S.E.2d 172 (N.C. Ct. App. 2004).
· cites it 5× “§ 15A-931 or § 15A-932. Section 15A-931 provides that he may so dismiss “by entering an oral dismissal in open court before or during the trial, or by filing a written dismissal with the clerk at any time.”
State v. Patterson, 405 S.E.2d 200 (N.C. Ct. App. 1991).
· cites it 3× “Finally as to defendant’s contention related to the indictment, the failure of the prosecutor to file a notice of reinstatement of the indictment under N.C.G.S. § 15A-932(d) does not void the judg *208 ment in this case because an indictment is a pleading.”
State v. Diaz-Tomas (N.C. 2022).
· cites it 40× “1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
· cites it 40× “1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
· cites it 40× “1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Reekes, 297 S.E.2d 763 (N.C. Ct. App. 1982).
· cites it 3× “(b) The following periods shall be excluded in computing the time within which the trial of a criminal offense must begin: (11) A period of delay from time the prosecutor enters a dismissal with leave for the nonappearance of the defendant until the prosecutor reinstitutes the…”
State v. Viera, 658 S.E.2d 529 (N.C. Ct. App. 2008).
· cites it 2× “Defendant reasons that by failing to sign the notice, the State did not reinstate the charge, and therefore the trial court lacked jurisdiction to submit the charge to the jury.”
— N.C. Gen. Stat. § 15A-932(a) — 6 cases
State v. Patterson, 420 S.E.2d 98 (N.C. 1992).
“Assuming arguendo that the prosecutor did not give proper written notice of reinstatement as required by N.C.G.S. § 15A-932, we conclude that the defendant waived any such error by failing to object before his arraignment.”
State v. Courtney, 831 S.E.2d 260 (N.C. 2019).
“By contrast, N.C.G.S. § 15A-932 ("Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
— N.C. Gen. Stat. § 15A-932(a)(1) — 1 case
— N.C. Gen. Stat. § 15A-932(a)(2) — 6 cases
State v. Bell, 576 S.E.2d 695 (N.C. Ct. App. 2003).
“Defendant argues deprivation of statutory rights under N.C. Gen. Stat. §§ 15A-932 and 941 and his constitutional rights to due process of law under the Fifth and Fourteenth Amendments.”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
— N.C. Gen. Stat. § 15A-932(a1) — 1 case
State v. Courtney, 831 S.E.2d 260 (N.C. 2019).
“By contrast, N.C.G.S. § 15A-932 ("Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.”
— N.C. Gen. Stat. § 15A-932(b) — 6 cases
State v. Patterson, 420 S.E.2d 98 (N.C. 1992).
“Assuming arguendo that the prosecutor did not give proper written notice of reinstatement as required by N.C.G.S. § 15A-932, we conclude that the defendant waived any such error by failing to object before his arraignment.”
State v. Courtney, 831 S.E.2d 260 (N.C. 2019).
“By contrast, N.C.G.S. § 15A-932 ("Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.”
State v. Bell, 576 S.E.2d 695 (N.C. Ct. App. 2003).
“Defendant argues deprivation of statutory rights under N.C. Gen. Stat. §§ 15A-932 and 941 and his constitutional rights to due process of law under the Fifth and Fourteenth Amendments.”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
— N.C. Gen. Stat. § 15A-932(d) — 9 cases
State v. Patterson, 420 S.E.2d 98 (N.C. 1992).
“Assuming arguendo that the prosecutor did not give proper written notice of reinstatement as required by N.C.G.S. § 15A-932, we conclude that the defendant waived any such error by failing to object before his arraignment.”
State v. Bell, 576 S.E.2d 695 (N.C. Ct. App. 2003).
“Defendant argues deprivation of statutory rights under N.C. Gen. Stat. §§ 15A-932 and 941 and his constitutional rights to due process of law under the Fifth and Fourteenth Amendments.”
State v. Patterson, 405 S.E.2d 200 (N.C. Ct. App. 1991).
“Finally as to defendant’s contention related to the indictment, the failure of the prosecutor to file a notice of reinstatement of the indictment under N.C.G.S. § 15A-932(d) does not void the judg *208 ment in this case because an indictment is a pleading.”
State v. Courtney, 831 S.E.2d 260 (N.C. 2019).
“By contrast, N.C.G.S. § 15A-932 ("Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.”
State v. Viera, 658 S.E.2d 529 (N.C. Ct. App. 2008).
“Defendant reasons that by failing to sign the notice, the State did not reinstate the charge, and therefore the trial court lacked jurisdiction to submit the charge to the jury.”
— N.C. Gen. Stat. § 15A-932(d1) — 3 cases
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
State v. Diaz-Tomas (N.C. 2022).
“1 The District Court determined that “the State exercised its discretion and acted within its statutory authority pursuant to N.C.G.S. § 15A-932 by entering a dismissal with leave .”
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.