Legal Question in Criminal Law in North Carolina

My son was picked up last Saturday on Felony warrants from another county. He has sat in our county jail all week with no first appearance on these charges because there has been no judge on the bench due to a statewide judges conference. Does this conference preclude the GS§ 15A-601 in NC that states he should receive a first appearance within 96 hours of being arrested?

Asked on 6/22/13, 9:05 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

I take it you didn't read all of the statute. If you had you would know it goes on to say, "...or at the first regular session of the district court in the county..." I also take it your son does not have an attorney either. If he did, there is usually a judge available for emergency situations or the clerk of court can stand in if an attorney presses for it.

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Answered on 6/22/13, 1:32 pm

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