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Pretrial Vol. 1
Contents and Preface
1 Pretrial Release
1.0 Contents and Introduction
1.1 Importance of Pretrial Release
1.2 Required Proceedings
1.3 Eligibility for Pretrial Release
1.4 Exceptions to Eligibility for Pretrial Release
1.5 Types of Pretrial Release
1.6 Law Governing Judge’s Discretion
1.7 Investigation and Preparation for Bond Reduction Motion
1.8 Procedure for Bond Reduction Motion
1.9 Post-Release Issues
1.10 Release Pending Appeal
1.11 Dismissal as Remedy for Violations
Appendix 1-1 Interview Checklist for Bond Hearing
2 Capacity to Proceed
2.0 Contents and Introduction
2.1 Standard for Capacity to Proceed to Trial
2.2 Investigating Capacity to Proceed
2.3 Deciding Whether to Question Capacity
2.4 Obtaining an Expert Evaluation
2.5 Examination by State Facility or Local Examiner
2.6 Post-Examination Procedure
2.7 Hearings on Capacity to Proceed
2.8 Procedure After Order of Incapacity
2.9 Admissibility at Trial of Results of Capacity Evaluation
Appendix 2-1 Summary of Legislation
3 Probable Cause Hearings
3.0 Contents and Introduction
3.1 Purpose of Hearing
3.2 Right to Hearing
3.3 Waiver of Hearing
3.4 Whether to Have Hearing
3.5 Hearing Procedures
3.6 Disposition after Hearing
Appendix 3-1 Sample Question for Probable Cause and Preliminary Hearings
4 Discovery
4.0 Contents and Introduction
4.1 Types of Defense Discovery
4.2 Procedure to Obtain Discovery
4.3 Discovery Rights under G.S. 15A-903
4.4 Other Discovery Categories and Mechanisms
4.5 Brady Material
4.6 Other Constitutional Rights
4.7 Subpoenas
4.8 Prosecution’s Discovery Rights
5 Experts and Other Assistance
5.0 Contents and Introduction
5.1 Right to Expert
5.2 Required Showing for Expert
5.3. Applying for Funding
5.4 Components of Request for Funding
5.5 Obtaining an Expert Ex Parte in Noncapital Cases
5.6 Specific Types of Experts
5.7 Confidentiality of Expert’s Work
5.8 Right to Other Assistance
6 Joinder and Severance
6.0 Contents and Introduction
6.1 Joinder and Severance of Offenses
6.2 Joinder and Severance of Defendants
6.3 Procedures for Joinder or Severance
7 Speedy Trial and Related Issues
7.0 Contents and Introduction
7.1 Statutory Protections against Delayed Prosecution
7.2 Pre-Accusation Delay
7.3 Post-Accusation Delay
7.4 Prosecutor’s Calendaring Authority
8 Criminal Pleadings
8.0 Contents
8.1 Importance of Criminal Pleadings
8.2 Misdemeanors Tried in District Court
8.3 Misdemeanor Appeals
8.4 Felonies and Misdemeanors Initiated in Superior Court
8.5 Common Pleading Defects in Superior Court
8.6 Limits on Successive Prosecution
8.7 Apprendi and Blakely Issues
9 Grand Jury Proceedings
9.0 Contents and Introduction
9.1 Composition of Grand Jury
9.2 Challenges to Grand Jury Composition or Selection of Foreperson
9.3 Grand Jury Procedures
9.4 Challenges to Grand Jury Procedures
9.5 Special Investigative Grand Juries
9.6 References
10 Jurisdiction
10.0 Contents and Introduction
10.1 Types of Jurisdiction
10.2 Territorial Jurisdiction
10.3 Federal Enclaves
10.4 Personal Jurisdiction
10.5 Subject Matter Jurisdiction of District Court
10.6. Subject Matter Jurisdiction of Juvenile Court
10.7 Subject Matter Jurisdiction of Superior Court
10.8 Jurisdiction of Individual Judges
10.9 Appeals, Post-Conviction Litigation, and Writs
11 Venue
11.0 Contents and Introduction
11.1 Location of Proper Venue
11.2 Challenging Improper Venue
11.3 Change of Venue
11.4. Alternative Relief
12 Right to Counsel
12.0 Contents and Introduction
12.1 Scope of Right to Counsel
12.2 Consequences of Denial of Counsel
12.3 Types of Cases in which Right to Counsel Applies
12.4 Stages of Criminal Case in which Right to Counsel Applies
12.5 Appointment of Counsel
12.6 Waiver of Counsel
12.7 Right to Effective Assistance of Counsel
12.8 Attorney-Client Relationship
12.9 Repayment of Attorneys Fees
Appendix 12-1 Dealing with Conflicts in Criminal Defense Representation
13 Motions Practice
13.0 Contents and Introduction
13.1 Types and Timing of Pretrial Motions
13.2 Procedural Requirements in Superior Court
13.3 Motions Practice in District Court
13.4 Miscellaneous Motions
14 Suppression Motions
14.0 Contents and Introduction
14.1 Evidence Subject to Exclusion
14.2 Warrants and Illegal Searches and Seizures
14.3 Illegal Confessions or Admissions
14.4 Illegal Identification Procedures
14.5 Substantial Violations of Criminal Procedure Act
14.6 Procedures Governing Suppression Motions
14.7 Appeal of Suppression Motions
15 Stops and Warrantless Searches
15.0 Contents
15.1 General Approach
15.2 Did the Officer Seize the Defendant?
15.3 Did the Officer Have Grounds for the Seizure?
15.4 Did the Officer Act within the Scope of the Seizure?
15.5 Did the Officer Have Grounds to Arrest or Search?
15.6 Did the Officer Act within the Scope of the Arrest or Search?
Appendix 15-1 Stops and Warrantless Searches: Five Basic Steps
Trial Vol. 2
Contents and Preface
21 Personal Rights of Defendant
21.0 Contents and Introduction
21.1 Right to Be Present
21.2 Right to Confront Witnesses
21.3 Right to Testify
21.4 Right to Allocution
21.5 Right to Appear in Civilian Clothes
21.6 Right to Appear Free of Physical Restraints
22 Duties and Conduct of Presiding Judge
22.0 Contents and Introduction
22.1 Impartiality
22.2 Recusal of Trial Judge
22.3 Control of Proceedings
22.4 Maintaining Order and Security in the Courtroom
23 Guilty Pleas
23.0 Contents and Introduction
23.1 In General
23.2 Basic Steps
23.3 Preparing the Plea Agreement
23.4 The Plea Procedure
23.5 Felony Sentencing
23.6 Appeal from Guilty Pleas
23.7 Other Issues
Appendix 23‐1 Checklist for Guilty Pleas
24 Right to Jury
24.0 Contents and Introduction
24.1 Right to Jury Trial under Sixth Amendment
24.2 Right to Jury Trial under North Carolina Constitution
25 Selection of Jury
25.0 Contents and Introduction
25.1 The Jury Pool
25.2 Qualifying the Jury
25.3 Voir Dire
25.4 Excusing Jurors for Cause
25.5 Peremptory Challenges
26 Jury Misconduct
26.0 Contents and Introduction
26.1 Right to a Fair and Impartial Jury
26.2 Exposure to Extraneous Information
26.3 Other Common Types of Misconduct
27 Miscellaneous Jury Procedures
27.0 Contents and Introduction
27.1 Note Taking by the Jury
27.2 Authorized Jury View
27.3 Substitution of Alternates
27.4 Questioning of Witnesses by the Jury
27.5 Sequestration of Jurors During Trial
27.6 Polling of the Jury
28 Opening Statements
28.0 Contents and Introduction
28.1 Right to Opening Statement
28.2 Purpose and Scope
28.3 Reserving or Waiving Opening Statement
28.4 Variance between Opening Statement and Proof
28.5 Opening the Door to Otherwise Inadmissible Evidence
28.6 Admissions of Guilt During Opening Statement
28.7 Preservation of Issues for Appellate Review
Appendix 28-1 Guideline 7.4 Opening Statement
29 Witnesses
29.0 Contents and Introduction
29.1 Securing the Attendance of Witnesses by Subpoena and Other Process
29.2 Securing the Production of Documents or Physical Evidence by Subpoena
29.3 Sequestration of Witnesses
29.4 Competency of Witnesses
29.5 Presentation of the Evidence
29.6 Witness Examination
29.7 Defendant’s Right to Testify or Not to Testify
29.8 Remote Testimony
29.9 Oath or Affirmation
30 Motions to Dismiss Based on Insufficient Evidence
30.0 Contents and Introduction
30.1 Legal Standard
30.2 Due Process Requirements
30.3 Procedural Requirements
30.4 Effect of Dismissal
30.5 Fatal Variance
31 Mistrials
31.0 Contents
31.1 Purposes of Mistrial
31.2 Timing of Mistrial Order
31.3 Standard of Review on Appeal
31.4 Mistrial Based on Prejudice to the Defendant
31.5 Mistrial Based on Prejudice to the State
31.6 Impossibility of Proceeding in Conformity With the Law
31.7 Juror Deadlock
31.8 Findings of Fact
31.9 Double Jeopardy and Mistrials
31.10 Practical Effect of Mistrials
32 Instructions to the Jury
32.0 Contents and Introduction
32.1 General Requirements
32.2 Charge Conference
32.3 Explanation of the Law
32.4 Requests for Instructions
32.5 Additional Instructions after Jury Retires
32.6 Trial Judge’s Authority to Provide Written Instructions to the Jury
32.7 Disjunctive Jury Instructions
32.8 IDS Performance Guidelines: Practical Considerations
32.9 Preservation of Issues for Appeal
33 Closing Arguments
33.0 Contents and Introduction
33.1 Right to Closing Argument
33.2 Purpose and Scope of Closing Argument
33.3 Time Limits
33.4 Number of Addresses
33.5 Order of Arguments
33.6 Admissions of Guilt During Closing Argument
33.7 Limitations on the Prosecution’s Argument
33.8 Preservation of Issues for Appellate Review
Appendix 33‐1 Guideline 7.7 Closing Argument
34 Deliberations and Verdict
34.0 Contents and Introduction
34.1 Instructions to the Jury about Reaching a Verdict
34.2 Requests to Review Testimony and Exhibits During Deliberations
34.3 Coercion of the Verdict by the Trial Judge
34.4 Improper Expression of Opinion by Trial Judge
34.5 Deadlock
34.6 Use of Juror Notes During Deliberations
34.7 Verdicts
35 Appeals, Post‐Conviction Litigation, and Writs
35.0 Contents and Introduction
35.1 Appeals by the Defendant
35.2 Appeals by the State
35.3 Motions for Appropriate Relief
35.4 State Habeas Corpus
35.5 Resentencing after Successful Appellate or Post‐Conviction Review
35.6 Trial Judges' Authority to Correct, Modify, or Amend Judgments
35.7 Extraordinary Writs
35.8 Innocence Inquiry Commission
Appendix A Performance Guidelines
Appendix B Preserving the Record on Appeal
Race
Contents and Preface
1 Recognizing and Addressing Issues of Race in Criminal Cases
1.0 Contents
1.1 Purpose of Manual
1.2 Scope of Chapter
1.3 Potential Factors Relevant to Racial Disparities in the Criminal Justice System
1.4 Sources of Law
1.5 Overcoming Concerns About Raising Race
2 Police Investigation: Stops, Searches and Arrests
2.0 Contents
2.1 Scope of Chapter
2.2 Overview of Racial Profiling Concerns
2.3 Equal Protection Challenges to Police Action
2.4 Overview of the Protections Against Unreasonable Searches and Seizures
2.5 Consensual Encounters
2.6 Traffic and Pedestrian Stops
2.7 Other Selected Aspects of Warrantless Stops
2.8 Beyond Litigation
3 Eyewitness Identifications
3.0 Contents
3.1 Scope of Chapter
3.2 Overview of Risks of Misidentification
3.3 Cross-Racial Impairment
3.4 Due Process, Right to Counsel, and Rules of Evidence
3.5 Eyewitness Identification Reform Act
3.6 Procedures for Challenging Eyewitness Identification Evidence
4 Pretrial Release
4.0 Contents
4.1 Scope of Chapter
4.2 Overview
4.3 Legal Restrictions
4.4 Pretrial Advocacy Strategies
4.5 Policy Considerations
5 Selective Prosecution: Plea Negotiations and Charging Decisions by Prosecutors
5.0 Contents
5.1 Scope of Chapter
5.2 Overview
5.3 Equal Protection Limits on Selective Prosecution
5.4 Making Out a Claim of Selective Prosecution
5.5 Beyond Litigation
6 Composition of the Grand Jury and Trial Jury
6.0 Contents
6.1 Scope of Chapter
6.2 Overview
6.3 Fair Cross-Section Challenges
6.4 Equal Protection Challenges
6.5 Challenges to North Carolina Procedures for Jury Formation
6.6 Beyond Litigation: Efforts to Ensure Representative Juries
6.7 Glossary of Jury Terms and Jury Formation Flowchart
7 Selection of the Trial Jury: Peremptory Challenges
7.0 Contents
7.1 Scope of Chapter
7.2 Overview
7.3 Legal Restrictions on Peremptory Challenges
7.4 Litigating a Batson Challenge
7.5 Beyond Litigation
8 Addressing Race at Trial
8.0 Contents
8.1 Scope of Chapter
8.2 Raising Race During Jury Selection and at Trial
8.3 Jury Selection
8.4 References to Race at Trial
8.5 Examples of Improper Appeals to Racial Prejudice
8.6 Considerations at Certain Stages of Trial
9 Sentencing
9.0 Contents
9.1 Scope of Chapter
9.2 Sentencing Policies and Practices
9.3 Constitutional Limits
9.4 Effective Sentencing Advocacy
10 Sources of Information about Matters of Race
10.0 Contents
10.1 Police Investigation
10.2 Pretrial Release
10.3 Plea Negotiations
10.4 Charging Decisions
10.5 Jury Composition
10.6 Jury Selection: Peremptory Challenges
10.7 Sentencing
10.8 Miscellaneous
Commitment
Contents and Preface
1 Overview of Manual
1.0 Contents
1.1 Purpose of Manual
1.2 Terminology Used in this Chapter
1.3 Involuntary Commitment
1.4 Voluntary Admission
1.5 Commitments and Admissions through the Criminal Justice System
1.6 Collateral Consequences
1.7 Admissions Not Requiring Judicial Review
1.9 Division of Mental Health Forms
Appendix 1-1 Commitments and Admissions: Quick Summary
2 Involuntary Commitment of Adults and Minors for Mental Health Treatment
2.0 Contents
2.1 Overview of Involuntary Commitment Process
2.2 Terminology Used in this Chapter
2.3 Involuntary Commitment: Prehearing Procedures
2.4 Outpatient Commitment Recommended by Physician or Eligible Psychologist Affiant
2.5 Attorney Representation
2.6 Initial Hearing
2.7 Disposition
2.8 Outpatient Commitment Supplemental Hearings
2.9 Rehearings for Inpatient Commitment
2.10 Rehearings for Outpatient Commitment
2.11 Special Emergency Procedure
2.12 Appeal
Appendix 2-1 Involuntary Commitment of Adults and Minors for Mental Health Treatment
Appendix 2-2 Memorandum to Magistrates
3 Involuntary Commitment of Adults and Minors for Substance Abuse Treatment
3.0 Contents
3.1 Substance Abuse Commitment
3.2 Terminology Used in this Chapter
3.3 Involuntary Substance Abuse Commitment
3.4 Attorney Representation
3.5 Hearings
3.6 Disposition
3.7 Supplemental Hearings
3.8 Rehearings
3.9 Discharge by Area Authority or Physician
3.10 Emergency Procedure for Violent Individuals
3.11 Appeal
3.12 Public Intoxication
Appendix 3-1 Involuntary Commitment of Adults and Minors for Substance Abuse Treatment
4 Voluntary Admission of Adults for Substance Abuse Treatment
4.0 Contents
4.1 Voluntary Admission for Substance Abuse Treatment
4.2 Terminology Used in this Chapter
4.3 Admission and Treatment of Family Unit
4.4 Voluntary Admission of Incompetent Adult
4.5 No Admission by Advance Instruction
4.6 No Admission by Health Care Power of Attorney
4.7 Negotiating a Voluntary Admission When Substance Abuse Commitment Recommended
5 Voluntary Admission of Incompetent Adults
5.0 Contents
5.1 Overview
5.2 Terminology Used in this Chapter
5.3 Admission by Consent of Guardian
5.4 Evaluation for Admission
5.5 Attorney Representation
5.6 Hearings
5.7 Appeal
6 Voluntary Admission of Minors
6.0 Contents
6.1 Overview
6.2 Terminology Used in this Chapter
6.3 Procedures for Admission and Discharge
6.4 Duties of Clerk of Superior Court
6.5 Duties of Attorney for Minor
6.6 Hearings
6.7 Treatment
6.8 Rehearings
6.9 Discharge and Conditional Release
6.10 Emergency Admission
7 Automatic Commitment—Not Guilty by Reason of Insanity
7.0 Contents
7.1 Overview
7.2 Terminology Used in this Chapter
7.3 Characterization of Offense
7.4 Temporary Restraint Pending 15A-1321 Proceedings
7.5 Commitment Hearing Under Chapter 122C
7.6 Disposition
7.7 Rehearings
7.8 Discharge or Conditional Release
8 Commitment of Defendants Found Incapable of Proceeding
8.0 Contents
8.1 Overview
8.2 North Carolina Defender Manual: Capacity to Proceed
8.3 Terminology Used in this Chapter
8.4 Applicability to Adults and Juveniles Alleged to Be Delinquent
8.5 Determination of Incapacity to Proceed
8.6 Referral of Defendant for Civil Commitment Proceedings
8.7 Attorney Representation
8.8 Preparation for Hearing
8.9 Hearings
8.10 Dispositional Alternatives
8.11 Rehearings
8.12 Termination of Commitment
8.13 Supplemental Hearings in Criminal Court
8.14 Defendant’s Return to Stand Trial Upon Regaining Capacity
Appendix 8.1 Capacity and Commitment Flow Chart
9 Involuntary Commitment and Voluntary Admission of Inmates
9.0 Contents
9.1 Overview
9.2 Terminology Used in this Chapter
9.3 Involuntary Commitment of Inmates
9.4 Attorney Meeting with Inmate-Respondent
9.5 Termination of Commitment
9.6 Voluntary Admission and Discharge of Inmates
10 Voluntary Admission of Competent Adults for Treatment of Mental Illness
10.0 Contents
10.1 Overview
10.2 Procedures for Admission and Discharge
10.3 Collateral Proceedings
11 Admission for Mental Health Treatment Pursuant to Advance Instruction or Health Care Power of Attorney
11.0 Contents
11.1 Overview
11.2 Terminology Used in this Chapter
11.3 Admission Pursuant to Advance Instruction
11.4 Admission Pursuant to Health Care Power of Attorney
12 Advising Clients on Collateral Matters and Consequences of Commitment
12.0 Contents
12.1 Overview
12.2 Terminology Used in this Chapter
12.3 Firearm Ownership and Possession
12.4 Driving Privileges
12.5 Restrictions on Patient Rights
12.6 Expunction of Minors’ Records of Admission and Commitment
12.7 Civil Rights and Remedies
Appendix 12-1 Involuntary Commitments and Federal Firearms Disabilities
Appendix A Forms
Appendix B Motions
Appendix C Working with Clients
Appendix D Involuntary Commitment and the Federal Gun Control Act
Appendix E Common Abbreviations
Guardianship
Contents and Preface
1 Overview of Adult Guardianship
2 Appointment of Attorney as Guardian ad Litem
3 Jurisdiction and Venue
4 Parties, Pleadings and Notice
5 Hearings, Practice and Procedure
6 Incapacity
7 Appointment of Guardians
8 Mediation of Adult Guardianship Cases
9 Appeal of Guardianship Orders
10 Modification and Termination of Guardianship Orders
Immigration
Contents and Preface
1 Obligations of Defense Counsel
1.0 Contents and Introduction
1.1 Purpose of Manual
1.2 Obligations of Defense Counsel
1.3 How to Meet Your Obligations
1.4 Important Terminology Used in this Manual
2 Determining Your Client's Citizenship and Immigration Status
2.0 Contents and Introduction
2.1 Determining Whether Your Client Is a U.S. Citizen
2.2 Determining Your Noncitizen Client's Particular Immigration Status
2.3 Additional Interview Objectives for a Noncitizen Client
2.4 Sample Questions to Identify Client's Immigration Status and Eligibility for Relief
Appendix 2-1 Sample Images of Immigration Documents
Appendix 2-2 Sample Intake Form
3 Criminal Grounds of Removal and Other Immigration Consequences
3.0 Contents
3.1 Removal Defined
3.2 Deportability vs. Inadmissibility
3.3 Determining Whether a State Offense Triggers Removal
3.4 Crime-Related Grounds of Deportability
3.5 Crime-Related Grounds of Inadmissibility
3.6 Criminal Bars to Naturalization
3.7 Criminal Bars to Deferred Action for Childhood Arrivals
4 Conviction and Sentence for Immigration Purposes
4.0 Contents and Introduction
4.1 Conviction for Immigration Purposes
4.2 Effect of North Carolina Dispositions
4.3 Sentence to a Term of Imprisonment
5 Determining Possible Immigration Consequences Based on Your Client's Immigration Status
5.0 Contents and Introduction
5.1 Lawful Permanent Resident
5.2 Refugee (who has not yet obtained LPR status)
5.3 Person Granted Asylum (who has not yet obtained LPR status)
5.4 Nonimmigrant Visa Holder
5.5 Noncitizens with Temporary Protected Status
5.6 Noncitizens without Immigration Status
5.7 Summary of Priorities in Representing Noncitizen Clients by Status
6 Options for Minimizing Adverse Immigration Consequences
6.0 Contents and Introduction
6.1 General Rules
6.2 Cases Involving Aggravated Felonies
6.3 Cases Involving Drugs
6.4 Cases Involving Crimes Involving Moral Turpitude
6.5 Cases Involving Firearms
6.6 Cases Involving Domestic Violence
6.7 Cases Involving Child Abuse
7 Procedures Related to Removal
7.0 Contents and Introduction
7.1 Summary of Procedures Related to Removal
7.2 Identification of In-Custody Persons Subject to Removal
7.3 Immigration Detainer
7.4 What Happens after Your Client is Released into the Custody of ICE
8 State Post-Conviction Relief
8.0 Contents and Introduction
8.1 Authority for State Post-Conviction Relief
8.2 Challenges under Padilla v. Kentucky
8.3 Judge's Failure to Provide Immigration Advisement
8.4 Other Errors
8.5 Immigration Effect of Motion for Appropriate Relief
Appendix A Selected Immigration Consequences of North Carolina Offenses
Appendix B Relevant Immigration Decisions
Juvenile
Contents and Preface
1 Overview of Manual and Juvenile Delinquency Proceedings
1.0 Contents
1.1 Purpose of Manual
1.2 Basic Terminology
1.3 Brief Overview of Juvenile Delinquency Proceedings
1.4 Office of the Juvenile Defender
2 Rights and Protections Afforded to Juveniles
2.0 Contents
2.1 Sources of Juvenile Rights and Protections
2.2 Constitutional Rights Not Afforded to Juveniles
2.3 Right to Counsel
2.4 Right Against Self-Incrimination
2.5 Right to Standard of Proof Beyond a Reasonable Doubt
2.6 Right to be Free from Double Jeopardy
2.7 Right to an Open Hearing
2.8 Right to Confidentiality
2.9 Right to Appointment of Guardian
3 Juvenile Court Jurisdiction and Parties to Juvenile Proceedings
3.0 Contents
3.1 Jurisdictional Overview
3.2 Terminology Used in this Chapter
3.3 Jurisdiction
3.4 Venue
3.5 Parties and Other Participants
Appendix 3-1: Role of Defense Counsel in Juvenile Delinquency Proceedings
4 Communicating with the Juvenile Client
5 Intake and Diversion
5.0 Contents
5.1 Overview
5.2 Terminology Used in this Chapter
5.3 Intake
5.4 Diversion
6 Petition and Summons
6.0 Contents
6.1 Overview
6.2 Terminology Used in this Chapter
6.3 Petition
6.4 Summons
6.5 Notice of Hearing
7 Capacity to Proceed
7.0 Contents
7.1 Overview
7.2 Resources on Juvenile Capacity Issues
7.3 Terminology Used in this Chapter
7.4 Motions Pending Capacity Proceedings
7.5 Standard for Capacity to Proceed to Adjudication
7.6 Investigating Capacity to Proceed
7.7 Consequences of Questioning Capacity
7.8 Obtaining an Expert Evaluation
7.9 Examination by Local Examiner or State Facility
7.10 Post-Examination Procedure
7.11 Hearing on Capacity to Proceed
7.12 Admissibility at Adjudication of Results of Capacity Evaluation
Appendix 7-1: Practical Tips for Attorneys on Using Capacity
8 Custody and Custody Hearings
8.0 Contents
8.1 Overview of Custody in Delinquency Proceedings
8.2 Terminology Used in this Chapter
8.3 Temporary Custody
8.4 Release
8.5 Authority to Issue Custody Orders
8.6 Secure Custody
8.7 Nonsecure Custody
8.8 Custody Pending Appeal
Appendix 8-1: Juvenile Detention Centers in North Carolina
9 Probable Cause and Transfer Hearings
9.0 Contents
9.1 Overview
9.2 Terminology Used in this Chapter
9.3 First Appearance
9.4 Probable Cause Hearing
9.5 Finding of No Probable Cause
9.6 Finding of Probable Cause
9.7 Appeal of Finding of Probable Cause
9.8 Transfer of Jurisdiction to Superior Court
9.9 Procedures for Transfer Hearing
9.10 Appeal of Order of Transfer
9.11 Right to Pretrial Release on Transfer
9.12 Detention Following Transfer
Appendix 9-1: Sample Questions for Probable Cause and Preliminary Hearings
10 Discovery
10.0 Contents
10.1 Overview
10.2 Terminology Used in this Chapter
10.3 Procedures for Obtaining Discovery
10.4 Juvenile's Statutory Right to Discovery
10.5 Juvenile's Constitutional Right to Disclosure of Exculpatory Evidence
10.6 North Carolina Rules of Professional Conduct
10.7 Voluntary Disclosure by State
10.8 Other Sources of Information
10.9 Public Records Request
10.10 State's Statutory Right to Discovery
10.11 Protective Order
11 Motions to Suppress
11.0 Contents
11.1 Motions Practice in Juvenile Court
11.2 Filing Motions and Hearing Procedures
11.3 Bases for Motions to Suppress Statement or Admission of Juvenile
11.4 Case Law: Motions to Suppress In-Custody Statements of Juveniles
11.5 Suppression of Evidence Obtained through Illegal Search and Seizure
11.6 Suppression of Illegal Identifications
12 Adjudicatory Hearings
12.0 Contents
12.1 Overview
12.2 Preliminary Matters
12.3 Negotiating an Admission
12.4 Conduct of the Hearing on an Admission
12.5 Conduct of Contested Adjudicatory Hearing
12.6 Order of Adjudication
12.7 Collateral Effects of Adjudication
12.8 Expunction of Juvenile Record
13 Dispositional Hearings
13.0 Contents
13.1 Overview
13.2 Terminology Used in this Chapter
13.3 Preliminary Matters
13.4 Predisposition Investigation and Report
13.5 Dispositional Hearing
13.6 Dispositional Alternatives
13.7 Delinquency History Levels and Offense Classification
13.8 Dispositional Limits for Each Class of Offense and History Level
13.9 Registration of Juvenile Adjudicated for Certain Sex Crimes
13.10 Dispositional Order
13.11 Modification of Dispositional Order
Appendix 13-1: Authorization to Prepare Pre-Disposition Report
Appendix 13-2: Quick Reference Guide for Dispositional Hearing
Appendix 13-3: Juvenile Disposition Options
14 Probation
14.0 Contents
14.1 Overview
14.2 Terminology Used in this Chapter
14.3 When Probation May Be Ordered
14.4 Conditions of Probation
14.5 Conditions of Probation: Case Law
14.6 Intensive Probation
14.7 Term of Probation
14.8 Violation of Probation
14.9 Termination of Probation
15 Commitment to the Division of Adult Correction and Juvenile Justice
15.0 Contents
15.1 Overview
15.2 Terminology Used in this Chapter
15.3 Juveniles Subject to Commitment
15.4 Holdover Facility Pending Placement
15.5 Role of Attorney Following Commitment
15.6 Term of Commitment
15.7 Placement by Division
15.8 Post-Release Supervision
15.9 Revocation of Post-Release Supervision
15.10 Transfer Authority of Governor from Jail or Prison to Division
Appendix 15-1: Youth Development Centers in North Carolina
16 Appeals
16.0 Contents
16.1 Overview
16.2 Notice of Appeal
16.3 Right to Appeal
16.4 Transmitting the Appeal to the Appellate Defender
16.5 Disposition Pending Appeal
16.6 Disposition Following Resolution of Appeal
16.7 Cost of Appeal
17 Expunction of Juvenile Records
17.0 Contents
17.1 Expunction
17.2 Expunction of Juvenile Court Records: Adjudication of Delinquency
17.3 Expunction of Juvenile Court Records: Dismissed Petition
17.4 Notice of Expunction Procedures and Expunction
17.5 Effect of Expunction
18 Performance Guidelines
19 Raise the Age Legislation
19.0 Contents
19.1 Overview
19.2 Changes Effective in 2017
Appendix A: Juvenile Justice and Medicaid
Practice Guides
The First Seven Days as a Parent Defender
Main Guide
Case File Insert
Initial Client Meeting Checklist
Authorization & Consent for Release of Client-Patient Information
Initial Client Contact Letter
Checklist for Patient Authorizations
Attorney Request for Records
The First Seven Days as GAL
Main Guide
Case-File Insert
GAL Report Template (Petition for Adjudication of Incompetence)
GAL Report Template (Motion in the Cause)
GAL Report Template (Restoration)
Initial Letter to Client
Defense Motions and Notices in Superior Court
Contents and Checklist
I Principles for all Motions
II Discovery Motions
III Pre-Arraignment Motions
IV Other Pretrial Motions and Notices with Deadlines
V Other Common Motions Without Deadlines
VI Trial-Specific Motions
VII Other Motions to Consider
VIII Select Post-Conviction Motions and Writs
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Case File Insert
Initial Client Meeting Checklist
Authorization & Consent for Release of Client-Patient Information
Initial Client Contact Letter
Checklist for Patient Authorizations
Attorney Request for Records