(a) In counties designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more than 48 hours after being taken into custody shall so inform the designee of the Office of Indigent Defense Services. The designee of the Office of Indigent Defense Services shall make a preliminary determination as to the person's entitlement to his services, and proceed accordingly. The court shall make the final determination.
(b) In counties that have not been designated by the Office of Indigent Defense Services, the authority having custody of a person who is without counsel for more than 48 hours after being taken into custody shall so inform the clerk of superior court.
(c) In any county, if a defendant, upon being taken into custody, states that he is indigent and desires counsel, the authority having custody shall immediately inform the designee of the Office of Indigent Defense Services or the clerk of superior court, as the case may be, who shall take action as provided in this Article.
(d) The duties imposed by this section upon authorities having custody of persons who may be indigent are in addition to the duties imposed upon arresting officers under G.S. 15-47. (1969, c. 1013, s. 1; 1973, c. 1286, s. 8; 1987 (Reg. Sess., 1988), c. 1037, s. 30; 2000-144, s. 8.)
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1971–2023 · leading case:
State v. Cummings, 488 S.E.2d 550 (N.C. 1997).
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. Avery, 212 S.E.2d 142 (N.C. 1975).
· cites it 6× “Defendant contends specifically, however, that his rights under G.S. § 7A-453 and G.S. § 15-47 were violated by the eight days' delay in appointing counsel for him.”
State v. Diaz, 831 S.E.2d 532 (N.C. 2019).
· cites it 2× “§ 7A-456(a) (recognizing that statements "in regard to the question of [a defendant's] indigency" are "made .”
State v. Mems, 190 S.E.2d 164 (N.C. 1972).
· cites it 3× “G.S. § 7A-453 provides that if a defendant, taken into custody in a district which has a public defender, "states that he is indigent and desires counsel, the authority having custody shall immediately inform the defender" who shall make a preliminary determination as to the…”
State v. Lynch, 181 S.E.2d 561 (N.C. 1971).
· cites it 2× “G.S. 7A-453 (b). If a defendant upon being taken into custody, states that he is indigent and desires counsel, the authority having custody shall immediately inform the clerk who shall immediately inform the judge.”
State v. Cradle, 188 S.E.2d 296 (N.C. 1972).
“Here, defendant was charged with a felony, and the only evidence of record bearing upon the question of indigency is her affidavit.”
Allison v. Allen (M.D.N.C. 2023).
· cites it 2× “N.C. Gen. Stat. § 7A-453. before the district court judge.”
State v. Cradle, 185 S.E.2d 35 (N.C. Ct. App. 1971).
“The record in the instant case reveals that the district judge on 23 March 1971 conducted a hearing and, based upon affirmations made- by the defendant and “after due inquiry made,” determined that the defendant was not an indigent and was not entitled to an attorney at public…”
— N.C. Gen. Stat. § 7A-453(a) — 1 case
State v. Diaz, 831 S.E.2d 532 (N.C. 2019).
“§ 7A-456(a) (recognizing that statements "in regard to the question of [a defendant's] indigency" are "made .”
— N.C. Gen. Stat. § 7A-453(b) — 2 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. Cradle, 188 S.E.2d 296 (N.C. 1972).
“Here, defendant was charged with a felony, and the only evidence of record bearing upon the question of indigency is her affidavit.”
— N.C. Gen. Stat. § 7A-453(c) — 1 case
State v. Lynch, 181 S.E.2d 561 (N.C. 1971).
“G.S. 7A-453 (b). If a defendant upon being taken into custody, states that he is indigent and desires counsel, the authority having custody shall immediately inform the clerk who shall immediately inform the judge.”
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.