North Carolina's First Appearance Process Amended for Second Time in this Legislative Session

In this earlier blog post, I discussed changes made to North Carolina's first appearance process, to be effective for criminal processes served on or after December 1, 2021. Additional amendments have been made in new legislation.In Session Law 2021-182 (S183), Section 2.5.(a) revised G.S. 15A-601 as previously amended by S.L. 2021-138. Defendants charged with misdemeanors and in custody to get first appearance This amendment does not affect a significant change made by S.L. 2021-138--the expansion of first appearance to include defendants charged with misdemeanors who are in custody. Under current law, only criminal defendants with felony charges are required to get first appearance.Exception provided for when courthouse is closed for transactions for a period longer than 72 hours S.L. 2021-138 changed the deadline for first appearance from the current period of 96 hours to 72 hours. This new amendment revises G.S. 15A-601(c) to provide that if “the courthouse is closed for transactions for a period longer than 72 hours,” first appearance must be held within 96 hours after the defendant is taken into custody or at the first regular session of the district court in the county, whichever is first. So, a longer period will be allowed for first appearances on holiday weekends or when anything closes the courthouse to transactions for more than 72 hours.Magistrates removed as judicial official who may conduct first appearance Further, S.L. 2021-182 reverses one change made in the previous amendment of this statute. It removes magistrates from G.S. 15A-601(e) as a judicial official who may [...]