North Carolina § 7B-2202 - Probable cause hearing.

§ 7B-2202. Probable cause hearing.

Except as otherwise provided in G.S. 7B-2200.5(a)(1), the court shall conduct a hearing to determine probable cause in all felony cases in which a juvenile was 13 years of age or older when the offense was allegedly committed. Except as otherwise provided in G.S. 7B-2200.5(c), the hearing shall be conducted within 15 days of the date of the juvenile's first appearance. The court may continue the hearing for good cause. At the probable cause hearing: A prosecutor shall represent the State; The juvenile shall be represented by counsel; The juvenile may testify, call, and examine witnesses, and present evidence; and Each witness shall testify under oath or affirmation and be subject to cross-examination. The State shall by nonhearsay evidence, or by evidence that satisfies an exception to the hearsay rule, show that there is probable cause to believe that the offense charged has been committed and that there is probable cause to believe that the juvenile committed it, except: A report or copy of a report made by a physicist, chemist, firearms identification expert, fingerprint technician, or an expert or technician in some other scientific, professional, or medical field, concerning the results of an examination, comparison, or test performed in connection with the case in issue, when stated in a report by that person, is admissible in evidence; If there is no serious contest, reliable hearsay is admissible to prove value, ownership of property, possession of property in a person other than the juvenile, lack of consent of the owner, possessor, or custodian of property to the breaking or entering of premises, chain of custody, and authenticity of signatures. Counsel for the juvenile may waive in writing the right to the hearing and stipulate to a finding of probable cause. If probable cause is found and transfer to superior court is not required by G.S. 7B-2200 or G.S. 7B-2200.5, upon motion of the prosecutor or the juvenile's attorney or upon its own motion, the court shall either proceed to a transfer hearing or set a date for that hearing. If the juvenile has not received notice of the intention to seek transfer at least five days prior to the probable cause hearing, the court, at the request of the juvenile, shall continue the transfer hearing. If the court does not find probable cause for a felony offense, the court shall: Dismiss the proceeding, or If the court finds probable cause to believe that the juvenile committed a lesser included offense that would constitute a misdemeanor if committed by an adult, either proceed to an adjudicatory hearing or set a date for that hearing. The adjudicatory hearing shall be a separate hearing. The court may continue the adjudicatory hearing for good cause. History (1979, c. 815, s. 1; 1981, c. 469, ss. 15, 16; 1994, Ex. Sess., c. 22, s. 26; 1998-202, s. 6; 2015-58, s. 1.2; 2017-57, s. 16D.4(f); 2018-142, s. 23(b); 2019-186, s. 8(b).) Editor's Note. - Session Laws 2015-58, s. 4, made the last two sentences in subdivision (f)(2), as added by Session Laws 2015-58, s. 1.2, applicable to offenses committed on or after December 1, 2015. Session Laws 2017-57, s. 16D.4(tt), as amended by Session Laws 2018-142, s. 23(b), provides: "Sections 16D.4(a) through 16D.4(s) of this act become effective December 1, 2019, and apply to offenses committed on or after that date. Sections 16D.4(t) through 16D.4(x) of this act become effective October 1, 2017, and Sections 16D.4(t) through 16D.4(w) apply to all complaints filed on or after that date. Except as otherwise provided in this section, the remainder of this section is effective when it becomes law. Prosecutions or delinquency proceedings initiated for offenses committed before any particular subsection of this section becomes effective are not abated or affected by this act, and the statutes that are in effect on the dates the offenses are committed remain applicable to those prosecutions." Session Laws 2017-57, s. 16D.4(f), added "Except as otherwise provided in G.S. 7B-2200.5(a)(1),” at the beginning of the first sentence in subsection (a); and inserted "or G.S. 7B-2200.5,” in subsection (e). Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-186, s. 12, made the amendment of subsection (a) by Session Laws 2019-186, s. 8(b), effective December 1, 2019, and applicable to offenses committed on or after that date. Effect of Amendments. - Session Laws 2015-58, s. 1.2, effective December 1, 2015, added the last two sentences in subdivision (f)(2). For applicability, see editor's note. Session Laws 2017-57, s. 16D.4(f), added "Except as otherwise provided in G.S. 7B-2200.5(a)(1)," at the beginning of the first sentence in subsection (a); and inserted "or G.S. 7B-2200.5," in subsection (e). For effective date and applicability, see editor's note. Session Laws 2019-186, s. 8(b), inserted "Except as otherwise provided in G.S. 7B-2200.5(c)" in the second sentence in subsection (a). For effective date and applicability, see editor's note. Legal Periodicals. - For comment on due process in juvenile proceedings, see 3 N.C. Cent. L.J. 255 (1972).