§15A-612. Disposition of charge on probable-cause hearing

(a)        At the conclusion of a probable-cause hearing the judge must take one of the following actions:

(1)        If he finds that the defendant probably committed the offense charged, or a lesser included offense of such offense within the original jurisdiction of the superior court, he must bind the defendant over to a superior court for further proceedings in accordance with this Chapter. The judge must note his findings in the case records.

(2)        If he finds no probable cause as to the offense charged but probable cause with respect to a lesser included offense within the original jurisdiction of the district court, he may set the case for trial in the district court in accordance with the terms of G.S. 15A-613. In the absence of a new pleading, the judge may not set a case for trial in the district court on any offense which is not lesser included.

(3)        If he finds no probable cause pursuant to subdivisions (1) or (2) as to any charge, he must dismiss the proceedings in question.

(b)        No finding made by a judge under this section precludes the State from instituting a subsequent prosecution for the same offense.

(1973, c. 1286, s. 1; 1975, c. 166, s. 14.)