North Carolina § 15A-932 - Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.

§ 15A-932. Dismissal with leave when defendant fails to appear and cannot be readily found or pursuant to a deferred prosecution agreement.

The prosecutor may enter a dismissal with leave for nonappearance when a defendant: Cannot be readily found to be served with an order for arrest after the grand jury had indicted him; or Fails to appear at a criminal proceeding at which his attendance is required, and the prosecutor believes the defendant cannot be readily found. The prosecutor may enter a dismissal with leave pursuant to a deferred prosecution agreement entered into in accordance with the provisions of Article 82 of this Chapter. Dismissal with leave for nonappearance or pursuant to a deferred prosecution agreement results in removal of the case from the docket of the court, but all process outstanding retains its validity, and all necessary actions to apprehend the defendant, investigate the case, or otherwise further its prosecution may be taken, including the issuance of nontestimonial identification orders, search warrants, new process, initiation of extradition proceedings, and the like. The prosecutor may enter the dismissal with leave for nonappearance or pursuant to a deferred prosecution agreement orally in open court or by filing the dismissal in writing with the clerk. If the dismissal for nonappearance or pursuant to a deferred prosecution agreement is entered orally, the clerk must note the nature of the dismissal in the case records. Upon apprehension of the defendant, or in the discretion of the prosecutor when he believes apprehension is imminent, the prosecutor may reinstitute the proceedings by filing written notice with the clerk. If the proceeding was dismissed pursuant to subdivision (2) of subsection (a) of this section and charged only offenses for which written appearance, waiver of trial or hearing, and plea of guilty or admission of responsibility are permitted pursuant to G.S. 7A-148(a), and the defendant later tenders to the court that waiver and payment in full of all applicable fines, costs, and fees, the clerk shall accept said waiver and payment without need for a written reinstatement from the prosecutor. Upon disposition of the case pursuant to this subsection, the clerk shall recall any outstanding criminal process in the case pursuant to G.S. 15A-301(g)(2)b. If the defendant fails to comply with the terms of a deferred prosecution agreement, the prosecutor may reinstitute the proceedings by filing written notice with the clerk. History (1977, c. 777, s. 1; 1985, c. 250; 1994, Ex. Sess., c. 2, s. 1; 2011-145, s. 31.23B; 2011-192, s. 7(o); 2011-391, s. 63(a); 2011-411, s. 1.) Editor's Note. - Session Laws 2011-145, s. 31.23B, as added by Session Laws 2011-192, s. 7(o), effective July 1, 2011, added an identical subsection (d1) as that added by Session Laws 2011-411, s. 1. However, Session Laws 2011-192, s. 7(o) was repealed by Session Laws 2011-391, s. 63(a), effective July 1, 2011, so that the subsection (d1) added by that act never went into effect. Session Laws 2011-192, s. 7(o) was contingent upon House Bill 200, 2011 Regular Session, becoming law. House Bill 200 was enacted as Session Laws 2011-145. Session Laws 2011-192, s. 9, provides: "This act shall be known as 'The Justice Reinvestment Act of 2011.' " Session Laws 2011-192, s. 10, provides in part: "Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Effect of Amendments. - Session Laws 2011-411, s. 1, effective September 15, 2011, added subsection (d1). Legal Periodicals. - For article on the former North Carolina Speedy Trial Act, see 17 Wake Forest L. Rev. 173 (1981).