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NC H123
Bill
Status
5/12/2021
Primary Sponsor
Joe John
Click for details
AI Summary
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Requires defendants charged with misdemeanor offenses and held in custody to appear before a district court judge for a first appearance.
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Reduces the timeframe for first appearances from 96 hours to 72 hours after a defendant is taken into custody or at the first regular district court session, whichever occurs first.
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Allows the clerk of superior court to conduct a first appearance during regular business hours if a district court judge is unavailable within 72 hours of custody.
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First appearance before a district court judge is not considered a critical stage of proceedings for purposes of legal representation.
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Effective December 1, 2021, applying to criminal processes served on or after that date.
Legislative Description
Misdemeanors/Mandate First Appearances
Public
Last Action
Ref To Com On Rules and Operations of the Senate
5/12/2021