Probable cause (PC) hearings play a unique role in delinquency cases. They are required only in the subset of cases that are potentially eligible for transfer to superior court, and their timing and impact depend on the offenses that are charged and the age the juvenile was at the time of the alleged offense. This post walks through the basics of PC hearings in delinquency cases.
NC Criminal Law
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A judge must accept a plea arrangement that involves only charges and no sentence recommendation, as long as the judge determines the plea is the product of an informed choice of the defendant and there is a factual basis for the plea. See G.S. 15A-1023(c).
All criminal pleadings must name or otherwise identify the defendant. See G.S. 15A-924(a)(1).
A defendant may plead guilty or not guilty, or, with the consent of the prosecutor and judge, may plead “no contest.” See G.S. 15A-1011(a), (b).
If a defendant pleads guilty to an H or I felony in district court, is placed on probation, and is subsequently charged with violating that probation, the superior court has jurisdiction to hear the violation. But with the consent of the state and the defendant, the district court may hear the violation. G.S. 7A-271(e).
A prosecution in superior court must be by indictment, although a noncapital defendant may waive the right to an indictment and be tried on an information. See G.S. 15A-642; -943.
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