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.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

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.

  • Reflects laws as of the end of 2013 legislative sessions.

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.

  • Reflects laws as of the end of 2013 legislative sessions.

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

Registers

Competency, 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

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

Continue reading »

Feedback

Tell us what you think of JJGPS. Questions, feedback, or other comments are welcomed.

Questions or feedback »

Follow on Twitter »