North Carolina General Statutes 15A-832. Responsibilities of the district attorney’s office
(a) Within 21 days after the arrest of the accused, but not less than 24 hours before the accused’s first scheduled probable-cause hearing, the district attorney’s office shall provide to the victim a pamphlet or other written material that explains in a clear and concise manner the following:
(1) The victim’s rights under this Article, including the right to reasonably confer with the district attorney’s office about the disposition of the case and the right to provide a victim impact statement.
Terms Used In North Carolina General Statutes 15A-832
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(2) The responsibilities of the district attorney’s office under this Article.
(3) The victim’s eligibility for compensation under the Crime Victims Compensation Act and the deadlines by which the victim must file a claim for compensation.
(4) The steps generally taken by the district attorney’s office when prosecuting a crime.
(5) Suggestions on what the victim should do if threatened or intimidated by the accused or someone acting on the accused’s behalf.
(6) The name and telephone number of a victim and witness assistant in the district attorney’s office whom the victim may contact for further information.
(b) Upon receiving the information in subsection (a) of this section, the victim shall, on a form provided by the district attorney’s office, indicate whether the victim wishes to receive notices of some, all, or none of the trial and posttrial proceedings involving the accused. If the victim elects to receive notices, the victim shall be responsible for notifying the district attorney’s office or any other department or agency that has a responsibility under this Article of any changes in the victim’s address and telephone number or other contact information. The victim may alter the request for notification at any time by notifying the district attorney’s office and completing the form provided by the district attorney’s office.
(c) The district attorney’s office shall notify a victim of the date, time, and place of all court proceedings of the type that the victim has elected to receive notice, except as provided in N.C. Gen. Stat. § 15A-835(b)(2) and N.C. Gen. Stat. § 15A-837(a)(2). All notices required to be given by the district attorney’s office shall be reasonable, accurate, and timely. The notices shall be given in a manner that is reasonably calculated to be received by the victim prior to the date of the court proceeding. The district attorney’s office may provide the required notification electronically or by telephone, unless the victim requests otherwise. The notifications required by this section shall be documented by the district attorney’s office.
(d) Whenever practical, the district attorney’s office shall provide a secure waiting area during court proceedings that does not place the victim in close proximity to the defendant or the defendant’s family.
(e) Repealed by Session Laws 2019-216, s. 5, effective August 31, 2019, and applicable to offenses and acts of delinquency committed on or after that date.
(f) The district attorney’s office shall offer the victim the opportunity to reasonably confer with an attorney from the district attorney’s office to obtain the views of the victim about, at a minimum, dismissal, plea or negotiations, sentencing, and any pretrial diversion programs.
(g) At the sentencing hearing, the prosecuting attorney shall submit to the court a copy of a form containing the information set forth in N.C. Gen. Stat. § 15A-831(c) and subsection (b) of this section, including the victim’s election to receive further notices under this Article. The clerk of superior court shall include the form with the final judgment and commitment, or judgment suspending sentence, transmitted to the Department of Public Safety, the Department of Adult Correction, or other agency receiving custody of the defendant. The clerk and custodial agency shall maintain the form as a confidential record.
(h) When a person is a victim of a human trafficking offense and is entitled to benefits and services pursuant to N.C. Gen. Stat. § 14-43.11(d), the district attorney’s office shall so notify the Office of the Attorney General and Legal Aid of North Carolina, Inc., in addition to providing services under this Article.
(i) The district attorney’s office shall make every effort to ensure that a victim’s personal information is not disclosed unless otherwise required by law. The district attorney’s office shall inform the victim that personal information such as the victim’s telephone number, home address, and bank account number are not relevant in every case and that the victim may request the district attorney to object to that line of questioning when appropriate.
(j) The responsibilities of the district attorney’s office extend to a victim of an act of delinquency if the juvenile’s case is transferred to criminal court. (1998-212, s. 19.4(c); 2001-433, s. 3; 2001-487, s. 120; 2007-547, s. 3; 2011-145, s. 19.1(h); 2017-186, s. 2(ddd); 2019-216, s. 5; 2019-243, s. 21.5(a); 2021-180, s. 19C.9(rr); 2022-47, s. 16(m).)