Changes in North Carolina’s First Appearance Process, Effective for Criminal Processes Served on or after December 1, 2021

On September 2, 2021, North Carolina Governor Roy Cooper signed Session Law 2021-138 (S300) into law. The law makes wide ranging changes to the state’s criminal law and procedure, including adjustments to satellite-based monitoring based on Grady v. North Carolina, limitations on the enactment of local ordinance crimes, and revised standards for the hiring, certification, and decertification of law enforcement officers. The law has various effective dates, depending on the particular provision. This post will concentrate on changes to first appearance requirements. My colleagues will address other aspects of the changes made by this law in future blog posts. What is first appearance? In the first appearance, criminal defendants in custody prior to adjudication are taken before a judicial official for review of any bond previously set for them and a determination that detention is warranted before adjudication of their charges. Defendants are also typically advised of rights and informed about court process to follow. First appearance follows arrest and initial appearance, where a magistrate typically sets release conditions. Those conditions, such as bond, affect whether a defendant is detained or released prior to further adjudication. In Part XIV, S.L. 2021-138 makes changes in our first appearance process by amending G.S. 15A-601. These changes are effective for criminal processes served on or after December 1, 2021.Session Law 2021-138 makes three key changes:1) It expands first appearance to include defendants charged with misdemeanors who are in custody. Currently, first appearance applies only to criminal defendants with felony charges. G.S. 15A-601(a) is amended [...]