Waiver of counsel, 2014
The court must find that the juvenile knowingly, willingly, and understandingly waived his or her rights.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In North Carolina, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the local level (county/judicial district) with varying state oversight
Organizer: Office of Indigent Defense Services
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is determined legislatively
In North Carolina, juvenile indigency law is governed by juvenile statutes and adult rules of court, which provide for a a determination of indigency. Applies to transfer proceedings. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Juveniles are legislatively presumed indigent. Specialized juvenile training available or required.
Courtroom shackling, 2015
Restricted by legislature
North Carolina statute § 7b–2402.1. requires that the judge may only subject a juvenile to physical restraint in the courtroom when necessary to maintain order, prevent escape, or provide for the safety of the courtroom. ‘Whenever practical’ the judge shall provide the juvenile and the juvenile's attorney an opportunity to be heard (to contest) before ordering the use of restraints. If restraints are ordered, the judge shall make findings of fact in support of the order.
Sex offender registration, 2015
In North Carolina, the juvenile code (of statutes) mandates that juveniles alleged delinquent are subject to (adult) criminal procedure for determination of incapacity. Criminal Procedure has an article devoted to procedures related to “incapacity to proceed”.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity