North Carolina § 7B-2404 - Participation of the prosecutor; voluntary dismissal.

§ 7B-2404. Participation of the prosecutor; voluntary dismissal.

A prosecutor shall represent the State in contested delinquency hearings including first appearance, detention, probable cause, transfer, adjudicatory, dispositional, probation revocation, post-release supervision, and extended jurisdiction hearings. A prosecutor may dismiss any allegations stated in a juvenile petition with or without leave by entering an oral dismissal in open court at any time or by filing a written dismissal with the clerk. The juvenile, the juvenile's parent, guardian, or custodian, and the juvenile's counsel shall be notified of the dismissal by the prosecutor either in open court or by being served with the written dismissal. In addition, the written dismissal shall be served on (i) the chief court counselor or his or her designee and (ii) if the juvenile is being held in a detention center, the director of the detention center. If the prosecutor dismisses the petition with leave because of the failure of the juvenile to appear in court, the prosecutor may refile the petition if the juvenile is apprehended or apprehension is imminent. History (1979, c. 815, s. 1; 1981, c. 469, s. 12; 1998-202, s. 6; 2015-58, s. 2.2.) Editor's Note. - Session Laws 2015-58, s. 4, made subsection (b) of this section, as added by Session Laws 2015-58, s. 2.2, applicable to offenses committed on or after December 1, 2015. Effect of Amendments. - Session Laws 2015-58, s. 2.2, effective December 1, 2015, designated the existing language as subsection (a) and added subsection (b). For applicability, see editor's note.