North Carolina General Statutes 15A-613. Setting offense for trial in district court
If an offense set for trial in the district court under the terms of N.C. Gen. Stat. § 15A-604(b)(4) or any provision of N.C. Gen. Stat. § 15A-612 is a lesser included offense of the charge before the court on a pleading, the judge may:
(1) Accept a plea of guilty or no contest, with the consent of the prosecutor; or
Terms Used In North Carolina General Statutes 15A-613
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Entered: means signed and filed in the office of the clerk of superior court of the county in which the document is to be entered. See North Carolina General Statutes 15A-101.1
- 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.
(2) Proceed to try the offense immediately, with the consent of both the defendant and the prosecutor.
Otherwise, the judge must enter an appropriate order for subsequent calendaring of the case for trial in the district court. The trial so ordered may not be earlier than five working days nor later than 15 working days from the date of the order. The judge must note in the case records the new offense with which the defendant is charged, has been tried, or to which he entered a plea of guilty or no contest. (1973, c. 1286, s. 1; 1975, c. 166, s. 27.)