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North Carolina · Through S.L. 2026-30

N.C. Gen. Stat. § 15A-642: Prosecutions originating in superior court to be upon indictment or information; waiver of indictment.

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Where this section sits in the code
  1. Chapter 15A. Criminal Procedure Act.
  2. Subchapter VI. Preliminary Proceedings.
  3. Article 32. Indictment and Related Instruments.

(a) Prosecutions originating in the superior court must be upon pleadings as provided in Article 49 of this Chapter, Pleadings and Joinder.

(b) Indictment may not be waived in a capital case or in a case in which the defendant is not represented by counsel.

(c) Waiver of indictment must be in writing and signed by the defendant and his attorney. The waiver must be attached to or executed upon the bill of information. (1907, c. 71; C.S., s. 4610; 1951, c. 726, ss. 1, 2; 1971, c. 377, s. 30.1; 1973, c. 1286, s. 1.)

Collected 2026-08-27T17:56:42Z. Source file · JSON

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