§ 15A-305. Order for arrest.

393 words·~2 min read·/nc/chapter-15a/15a-305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Definition. - As used in this section, an order for arrest is an order issued by a justice, judge, clerk, or magistrate that a law-enforcement officer take a named person into custody.

(b)When Issued. - An order for arrest may be issued when:

(1)A grand jury has returned a true bill of indictment against a defendant who is not in custody and who has not been released from custody pursuant to Article 26 of this Chapter, Bail, to answer to the charges in the bill of indictment.

(2)A defendant who has been arrested and released from custody pursuant to Article 26 of this Chapter, Bail, fails to appear as required.

(3)The defendant has failed to appear as required by a duly executed criminal summons issued pursuant to G.S. 15A-303 that charged the defendant with a criminal offense, or a citation issued by a law enforcement officer or other person authorized by statute pursuant to G.S. 15A-302 that charged the defendant with a misdemeanor.

(4)A defendant has violated the conditions of probation.

(5)In any criminal proceeding in which the defendant has become subject to the jurisdiction of the court, it becomes necessary to take the defendant into custody.

(6)It is authorized by G.S. 15A-803 in connection with material witness proceedings.

(7)The common-law writ of capias has heretofore been issuable.

(8)When a defendant fails to appear as required in a show cause order issued in a criminal proceeding.

(9)It is authorized by G.S. 5A-16 in connection with contempt proceedings.

(c)Statement of Cause and Order; Copy of Indictment. -

(1)The process must state the cause for its issuance and order an officer described in G.S. 15A-301(b) to take the person named therein into custody and bring him before the court. If the defendant is to be held without bail, the order must so provide.

(2)When the order is issued pursuant to subdivision (b)(1), a copy of the bill of indictment must be attached to each copy of the order for arrest.

(d)Who May Issue. - An order for arrest, valid throughout the State, may be issued by any person authorized to issue warrants for arrest. (1973, c. 1286, s. 1; 1975, c. 166, s. 6; 1977, c. 711, s. 21; 2003-15, s. 2; 2021-47, s. 6(a).)