NCJ Number
62800
Date Published
1978
Length
16 pages
Annotation
THE NORTH CAROLINA LAW REQUIRING THE TRIAL OF CRIMINAL CASES WITHIN 120 DAYS IN 1978 AND WITHIN 90 DAYS BY OCTOBER 1980 IS DISCUSSED.
Abstract
THE MEMORANDUM DESCRIBES LEGISLATION AND RESEARCH ON SPEEDY TRIALS CONDUCTED BY NORTH CAROLINA PRIOR TO 1978. THE STATE LAW APPLIES TO ANYONE ARRESTED FOR A CRIMINAL OFFENSE, SERVED WITH PROCESS, OR INDICTED ON OR AFTER OCTOBER 1, 1978. ONLY A DEFENDANT CAN MOVE TO DISMISS THE CASE IF IT IS NOT TRIED WITHIN THE TIME LIMITS. A JUDGE CAN DISMISS A CASE WITH OR WITHOUT PREJUDICE, BUT THE LATTER DISMISSAL DOES NOT PREVENT A NEW PROSECUTION. APPEAL PROCEDURES AND THEIR TIME LIMITS ARE DETAILED. THE LAW PROVIDES 11 PERIODS OF DELAY THAT ARE EXCLUDED FROM THE TIME LIMITATIONS INCLUDING DISMISSALS TAKEN BY PROSECUTORS, CONTINUANCES, PROCEEDINGS CONCERNING THE DEFENDANT, AND THE ABSENCE OF THE DEFENDANT OR AN ESSENTIAL WITNESS. UNLIKE DISMISSALS TAKEN BY PROSECUTORS, THE JUDGE-ORDERED DISMISSALS DO NOT HAVE ANY EXCLUSIONARY PERIODS OF DELAY WHICH TOLL THE TIME LIMITATION. THEREFORE, IF AFTER A DISMISSAL A NEW CHARGE BASED ON THE SAME OFFENSE IS BROUGHT, THE TIME LIMITATION FOR THE NEW CHARGE BEGINS FROM THE ARREST, INDICTMENT, OR INFORMATION FOR THE INITIAL CHARGE. CASES CAN ALSO BE EXCLUDED IF THEY ARE IN RURAL COUNTIES WITH LIMITED COURT SESSIONS. THE TEXT OF THE LAW AND ITS AMENDMENTS ARE APPENDED. (MJM)